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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

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.....

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.

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.

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 :--

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.

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.

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

State: Central

Year: 1977

.....a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution orthe Representation of the People Act, 1951-or this Act orthe Government of Union Territories Act, 1963-; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent: or (c) that any nomination has been improperly rejected; or (d) that the result of the election in so far as it concerns the returned candidate has been materially affected- (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent, 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 be void. (2) If in the opinion of the Authority a returned candidate has been guilty by an agent. other than his election.....

The Maharashtra Village Panchyats (Postponement of Elections Due to Ensuing General Elections to the State Legislative Assembly, Zilla Parishads and Panchayat Samitis) Act, 1977 Complete Act

State: Maharashtra

Year: 1977

.....then expire. Section 7 of the Bombay General Clauses Act, 1904; shall apply upon the expiry of this Act, as if it had been repealed by a Maharashtra Act. SECTION 02: DEFINITIONS In this Act; unless the context otherwise requires,- (a) "administrator" means an administrator appointed under clause (b) of sub-section (1) of section 160 of the Panchayats Act, and includes any person appointed under clause (b) of sub section (2) of section 145, or clause (a) of sub-section (1) of section 151, of that Act (b) "election to a panchayat" means the election of a member of the panchayat, but does not include the election of a Sarpanch or Upa-Sarpanch; (c) "panchayat" shall have the meaning assigned to it in the Panchayats Act; (d) "the Panchayats Act" means the Bombay Village Panchayats Act, 1958. SECTION 03: POSTPONEMENT OF CERTAIN ELECTIONS AND EXTENSION OF TERM OF OFFICE OF MEMBERS AND ADMINISTRATORS Notwithstanding anything contained in the Panchayats Act or any rules or by-laws made there under or in the Maharashtra Village Panchayats (Postponement of Elections during the Emergency) Act, 1975,- (a) during the period from the date of commencement of this Act upto and inclusive of the.....

The Maharashtra Cooperative Sugar Factories (Under Erection and Certain Others) (Postponement of Elections), Act, 1977 Complete Act

State: Maharashtra

Year: 1977

.....context otherwise requires, (a) "administrator", "committee" and "society" shall have the meanings assigned to them in the Co-operative Societies Act; (b) "Co-operative Sugar Factory under erection" means any Co-operative Sugar Factory specified in Schedule I, and other Co-operative Sugar Factory" means any Co-operative Sugar Factory specified in Schedule II, which is registered or deemed to be registered under the Cooperative Societies Act; (c) "the Co-operative Societies Act" means the Maharashtra Co-operative Societies Act, 1960. 3. Postponement of election to committees of Co-operative Sugar Factories under erection. " Notwithstanding anything contained in the Co-operative Societies Act and the rules and bye-laws made thereunder or in the Maharashtra Specified Co-operative Societies (Postponement of Elections due to the Emergency) Act, 1975 " (a) during the period from the date of commencement of this Act and inclusive of the 20th October 1978, or such earlier date as may be notified by the State Government under sub-section (3) of section 1 (hereinafter referred to in this section as "the said period"), no election to the committee, or election to fill any.....