Self Elective - State Central - Year 1977 - Bare Acts

Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter III

Title: Presentation of Petitions in Respect of Disputed Elections

State: Central

Year: 1977

.....practice are made in the petition. Section 7 - Contents of petition (1) A petition-- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908.), for the verification of pleadings: Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. Section 8 - Relief that may be claimed by the petitioner A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further.....

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 18

Title: Grounds for Declaring Election to Be Void

State: Central

Year: 1977

.....or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, the Authority shall declare the election of the returned candidate to the void. (2) If in the opinion of the Authority a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the Authority is satisfied-- (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent; (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the Authority may decide that the election of the returned candidate is not void.

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 19

Title: Grounds for Which a Candidate Other Than the Returned Candidate May Be Declared to Have Been Elected

State: Central

Year: 1977

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 and the Authority 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 corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Authority 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.

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Complete Act

Title: Disputed Elections (Prime Minister and Speaker) Act, 1977

State: Central

Year: 1977

.....seat claimed Section16 - Decision of the Authority Section17 - Other orders to be made by the Authority Section18 - Grounds for declaring election to be void Section19 - Grounds for which a candidate other than the returned candidate may be declared to have been elected Section20 - Communication of orders of the Authority Section21 - Costs Section22 - Orders of Authority to be final Section23 - Effect of orders of Authority Chapter V Section24 - Withdrawal and abatement of petitions Section25 - Payment of costs out of security deposits and return of such deposits Section26 - Execution of orders as to costs Section27 - Power to make rules Section28 - Repeal and saving

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Preamble 1

Title: Disputed Elections (Prime Minister and Speaker) Act. 1977

State: Central

Year: 1977

THE DISPUTED ELECTIONS (PRIME MINISTER AND SPEAKER) ACT, 1977 [Act, No. 16 of 1977] [18th April, 1977] PREAMBLE An Act to provide for Authorities to deal with disputed elections to Parliament in the case of Prime Minister and Speaker of the House of the People and for matters connected therewith. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows :--

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 3

Title: Petitioners in Respect of Disputed Elections

State: Central

Year: 1977

No election shall be called in question except by a petition presented in accordance with the provisions of this Act.

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter II

Title: Authorities for Disputed Elections

State: Central

Year: 1977

No election shall be called in question except by a petition presented in accordance with the provisions of this Act. Section 4 - Authority to try a petition (1) Every petition shall be tried by an Authority, constituted for the purpose by the Central Government by notification in the Official Gazette. (2) The Authority shall consist of a single member, who is a Judge of the Supreme Court, to be nominated in this behalf by the Chief Justice of India. (3) If for any reason a vacancy occurs in the office of member aforesaid, the Chief Justice shall, as soon as practicable, nominate a person to fill the vacancy, and thereupon the trial of the petition shall be continued as if that member had been the Authority from the commencement of the trial of such petition: Provided that the Authority may, if it thinks fit, recall and re-examine any of the witnesses already examined.

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter IV

Title: Trial of Petitions

State: Central

Year: 1977

.....period specified in sub-section (1) of section 5; (b) if the petition does not comply with the provisions of sub-section (3) or sub-section (4) of section 5 or section 6. Explanation.An order dismissing a petition under this sub-section shall be deemed to be an order made under clause (a) of section 16. (3) Any candidate not already a respondent to a petition shall, upon application made by him to the Authority within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the Authority, be entitled to be joined as a respondent. Explanation. For the purposes of this sub-section and of section 15 the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the Authority and answer the claim or claims made in the petition. (4) The Authority may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amended of the petition.....

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter I

Title: Preliminary

State: Central

Year: 1977

.....office of Prime Minister at the time of such election or is appointed as Prime Minister after such election; (i) election in the case of Speaker means an election to the House of Parliament of a person who holds the officer of Speaker at the time of such election or is chosen as the Speaker for that House after such election; (i) petition means a petition calling in question an election; (i) prescribed means prescribed by rules made under this Act; (i) returned candidate means a candidate whose name has been published under section 67 of the Representation of the People Act, 1951 (43 of 1951.), as duly elected at an election in the case of Prime Minister or, as the case may be, an election in the case of Speaker; (j) each of the expressions defined in the Representative of the People Act, 1951 (43 of 1951.), but not defined in this Act shall have the same meaning as in that Act.

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Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 2

Title: Definitions

State: Central

Year: 1977

.....office of Prime Minister at the time of such election or is appointed as Prime Minister after such election; (i) election in the case of Speaker means an election to the House of Parliament of a person who holds the officer of Speaker at the time of such election or is chosen as the Speaker for that House after such election; (i) petition means a petition calling in question an election; (i) prescribed means prescribed by rules made under this Act; (i) returned candidate means a candidate whose name has been published under section 67 of the Representation of the People Act, 1951 (43 of 1951.), as duly elected at an election in the case of Prime Minister or, as the case may be, an election in the case of Speaker; (j) each of the expressions defined in the Representative of the People Act, 1951 (43 of 1951.), but not defined in this Act shall have the same meaning as in that Act.

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