Title : Answering of Criminating Questions and Certificate of Indemnity
State : Central
Year : 1951
(1)No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture: Provided that-- (a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from1[the High Court]; and (b) an answer given by a witness to a question put by or before1[the High Court] shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding. (2) When a certificate of indemnity has been..... View Complete Act List Judgments citing this sectionTitle : Grounds for Which a Candidate Other Than the Returned Candidate May Be Declared to Have Been Elected
State : Central
Year : 1951
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and1[the High Court] is of opinion- (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the returned candidate by corrupt2[***] practices the petitioner or such other candidate would have obtained a majority of the valid voles, 1[the High Court] shall, after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected. ______________________ 1. Substituted by Act 47 of 1966, Section 42, for "the..... View Complete Act List Judgments citing this sectionTitle : Appeals to Supreme Court
State : Central
Year : 1951
1 [116A. Appeals to Supreme Court (1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99. (2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99 : Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period. ______________________ 1. Substituted by Act 47 of 1966, Section 50, for sections 166A And 116B w.e.f. 14-12-1966. View Complete Act List Judgments citing this sectionTitle : Execution of Orders as to Costs
State : Central
Year : 1951
Any order as to costs under the provisions of this part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence of business, or where such place is within a presidency-town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit: Provided that where any such costs or any apportion thereof may be recovered by an application made under sub-section (1) of section 121, no application shall lie under this section1[within a period of one year from the..... View Complete Act List Judgments citing this sectionTitle : Prohibition of Canvassing in or Near Polling Stations
State : Central
Year : 1951
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of1[one hundred metres] of the polling station, namely:-- (a) canvassing for votes; or (b) soliciting the vote of any elector, or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable. ..... View Complete Act List Judgments citing this sectionTitle : Penalty for Government Servants for Acting as Election Agent, Polling Agent or Counting Agent
State : Central
Year : 1951
1[134A. Penalty for Government servants for acting as election agent, polling agent or counting agent If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.] ______________________ 1. Inserted by Act 47 of 1996, Section 59 w.e.f. 14-12-1966. View Complete Act List Judgments citing this sectionTitle : Time Limit for Filling Vacancies Referred to in Sections 147, 149, 150 and 151
State : Central
Year : 1951
1[151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and 151. - Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy: Provided that nothing contained in this section shall apply if-- (a) the remainder of the term of a member in relation to a vacancy is less than one year, or (b) the Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.] ______________________ 1. Inserted by Act 21 of 1996, Section 17 w.e.f. 1-8-1996. View Complete Act List Judgments citing this sectionTitle : Extension of Time for Completion of Election
State : Central
Year : 1951
1[153. Extension of time for completion of election. - It shall be competent for the Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or sub-section (1) of section 39.] ______________________ 1. Substituted by Act 27 of 1956, sec 78 for section 153. View Complete Act List Judgments citing this sectionTitle : Commencement of the Term of Office of Members of the Legislative Councils
State : Central
Year : 1951
(1) The term of office of a member of the Legislative Council of a State whose name is required to be notified in the Official Gazette under1[section 74] shall begin on the date of such notification. (2) The term of office of a member of the Legislative Council of a State whose name is not required to be notified under1[section 74] shall begin on the date of publication in the Official Gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under sub-clause (e) of clause (3) of article 171, announcing the nomination of such person to the Council, as the case may be. ______________________ 1. Substituted by Act 27 of 1956, Section 79, for "section 75". View Complete Act List Judgments citing this sectionTitle : Notification for Election to Fill the Seat Allotted to the State of Sikkim in the Council of States
State : Central
Year : 1951
1[12A. Notification for election to fill the seat allotted to the State of Sikkim in the Council of States. - For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a notification published in the Gazette of India, on such date as may be recommended by Election Commission, call upon the elected members of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12.] ______________________ 1. Inserted by Act 42 of 1991, Section 8 w.e.f. 18-9-1991 . ..... View Complete Act List Judgments citing this section