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Start Free TrialKarnataka Municipalities Act, 1964 Section 25
Title: Decision of the Election Tribunal
State: Karnataka
Year: 1964
(1) At the conclusion of the trial of an election petition, the Election Tribunal shall make an order, -- (a) persuade any person to give his vote at an election; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. (2) If any person who has filed an election petition has, in addition tocalling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the Election Tribunal 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 or illegal practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Tribunal 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.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 38
Title: Control of Elections
State: Karnataka
Year: 1964
.....of or tampering with ballot boxes before the count; (xii) the countermanding of the poll in the case of the death of a candidate before the poll; (k) the fee to be paid on an election petition; (l) any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Government necessary. (3) In making any rule under this section, the Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.] _______________________________ 1. Section 38 substituted by Act 83 of 1976 w.e.f. 8.12.1976. 2. Substituted by Act 36 of 1994w.e.f. 1.6.1994.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 21
Title: Election Petitions
State: Karnataka
Year: 1964
(1) No election of a councillor shall be called in question except by an election petition presented to the Election Tribunal within fifteen days from the date of the declaration of the result of the election. (2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 23, -- (a) by any candidate at such election, or (b) by any voter of the division concerned. (3) A petitioner shall join as respondents to his petition all the candidatesat the election. (4) An election petition, -- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall with sufficient particulars, set forth the ground or grounds on which the election is called in question; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 23
Title: Grounds for Declaring Elections to Be Void
State: Karnataka
Year: 1964
.....by an agent or by any other person acting with the consent of such candidate or agent, or (iii) by the improper acceptance or refusal of any vote or reception of any vote which is void, or (iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder, the Election Tribunal shall declare the election of the returned candidate to be void. (2) If in the opinion of the Election Tribunal, any agent of a returnedcandidate has been guilty of any corrupt practice, but the Tribunal is satisfied, -- (a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders and without the consent of the candidate; (b) that the candidate 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 Tribunal may decide that the election of the returned candidate is not void.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 352
Title: Election to Town Panchayat
State: Karnataka
Year: 1964
.....to the Scheduled Castes, Scheduled Tribes and Backward Classes and those of the non-reserved seats to be filled by direct election in a Town Panchayat shall be reserved for women: Provided that the seats reserved in sub-sections (4), (5) and (6) shall be allotted by rotation to different wards in a transitional area. (7) The councillors shall be elected in the manner provided in this Act. (8) Nothing contained in sub-sections (4), (5) and (6) shall be deemed to prevent the members of the Scheduled Castes, Scheduled Tribes, Backward Classes or Women from standing for election to the non-reserved seats. (9) Notwithstanding anything contained in this section where two-third of the total number of councillors of any Town Panchayat have been elected, the Town Panchayat shall be deemed to be have been duly constituted under this Act. _______________________________ 1. Inserted by Act 24 of 1995 w.e.f. 26.9.1995.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 31
Title: Officers, Etc., at Elections Not to Act for Candidates or to Influence Voting
State: Karnataka
Year: 1964
(1) No person who is a returning officer, or an assistant returning officer or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or management of the election do any act (other than the giving of vote, ) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid and no member of a police force shall endeavour, -- (a) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vote at an election; or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punished with imprisonment for a term which may extend to six months or with fine, or with both.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 38A
Title: Returning Officer, Presiding Officer Etc. Deemed to Be on Deputation to State Election Commission
State: Karnataka
Year: 1964
1 [38A. Returning Officer, Presiding Officer etc. deemed to be on deputation to State Election Commission.-- Notwithstanding anything contained in this Act or any other law for the time being in force, the returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed by or under this Act and any police officer designated for the time being by the Government, for the conduct of any election of councillors under this Act shall be deemed to be on deputation to the State Election Commission for a period commencing on and from the date of notification calling for such election and ending with the date of declaration of the result of such election and accordingly, such officer shall during that period, be subject to the control of superintendence and discipline of the State Election Commission.] _______________________________ 1. Inserted by Act 24 of 1995 w.e.f. 26.9.1995.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 270
Title: Requisitioning of Premises, Vehicles, Etc., for Municipal Elections
State: Karnataka
Year: 1964
.....or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed tothe person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner specified in section 262 on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub-section (1), theperiod of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. Explanation.--For the purpose of this section "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 13
Title: Wards for Elections
State: Karnataka
Year: 1964
.....classes and for women] in each territorial 1 [ward]. 5 [Provided that the territorial 1 [wards] formed shall comprise, as far as may be, of contiguous blocks.] 6 [(1A) No notification under sub-section (1) shall be called in question in any court of law.] 7 [(2) and (3) x x x] _______________________________ 1. Substituted by Act 36 of 1994w.e.f. 1.6.1994. 2. Renumbered by Act 83 of 1976w.e.f. 8.12.1976. 3. Omitted by Act 12 of 1983w.e.f. 24.2.1983. 4. Substituted by Act 12 of 1983w.e.f. 24.2.1983. 5. Inserted by Act 83 of 1976w.e.f. 8.12.1976. 6. Inserted by Act 12 of 1983w.e.f. 24.2.1983. 7. Inserted by Act 83 of 1976 and omitted by Act 13 of 1979w.e.f. 23.2.1979.
View Complete Act List Judgments citing this sectionKarnataka Municipalities Act, 1964 Section 17
Title: General Election of Councillors
State: Karnataka
Year: 1964
(1) A general election of councillors shall be held for the purpose of constituting a municipal council for the first time or1[before the expiry of the period for which] an Administrator is appointed under section 315 or1[before the expiry of the period specified] under section 316. (2) A general election shall also be held for the purpose of filling thevacancies arising by the efflux of time in the office of the councillors. _______________________________ 1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
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