Section 32 in The Bar Council of Uttar Pradesh Election Rules, 1968
32. Disputes as to the validity of elections.
(1)Any voter may contest the validity of the election of a candidate declared to have been elected to the Bar Council by a petition signed by him and supported by an affidavit and delivered to the Secretary personally or sent by registered post so as to reach him within 15 days from the date of publication of the results of the election.(2)The petition shall be accompanied by a deposit of Rs. 250 which shall be paid in cash or sent by Money Order or Bank Draft. In case it is sent by M.O. the M.O. receipt shall also be attached to the petition. The fee shall not be refundable.(3)Such petition shall include as respondents all the contesting candidates, and the petition shall be accompanied by as many true copies as there are respondents with five extra copies.(4)All disputes arising under the above sub-rules shall be decided by a tribunal to be known as an Election Tribunal comprising of 3 Advocates whose names are on the Slate Roll and who are not less than 10 years standing and who are not candidates in the said election to the Bar Council.(5)The Election Tribunal shall be appointed by the Bar Council on or before the date on which the time of the election is fixed under Rule 4. Provided that if any member of the Tribunal so appointed chooses to be a candidate in the said Election he will be replaced by another Advocate nominated by the Advocate General before the date of Election.(6)The Election Tribunal shall have all or any of the following powers-(i)To dismiss a petition;(ii)To order recount;(iii)To declare any candidate to have been duly elected on a recount:(iv)To set aside the election of the candidates who either by himself or through any other person acting with his consent is guilty of corrupt practice.The following shall be deemed to be corrupt practices for the purposes of this Act:(1)"Bribery", that is to say-(A)any gift, offer or promise of any gratification to any person whomsoever, with the object, directly or indirectly of including:(a)a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an electron, or(b)an elector to vote or refrain from voting at an election, or as a reward to-(i)a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or(ii)an elector for having voted or refrained from voting;(B)the receipt of, or agreement to receive, any gratification whether as a motive or a reward:(a)by a person for standing or not standing as or for withdrawing or not withdrawing from being a candidate; or(b)by any person whomsoever for himself or any other person for whom voting or refraining from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature;For the purposes of this clause the term "gratification" is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward.(2)Undue influence, that is to say any direct or indirect interference or attempt to interfere with the free exercise of any electoral right including the issuing or sending of any appeal or manifesto for votes whether direct or indirect:Provided that a mere intimation of a candidature with a bare request for a vote shall not amount to undue influence:And provided further that a candidate or his agent may also orally ask for votes from voters; but on the date of election such requests shall not be made within a radius of 200 yards from the polling station: And a candidate may issue a written intimation to his voters announcing his candidature and seeking their votes or their first preference votes, which intimation shall not contain any other publicity or his eulogy. Such written intimation shall also not amount to undue influence.Mere announcement of his candidature by a candidate shall not amount to an appeal.(3)The hiring or procuring, whether on payment or otherwise of any vehicle or vessel or the use of such vehicle or vessel for the free conveyance of any elector to or from any polling station.Explanation. - The vacancy arising under sub-rule (6) (iv) shall be filled up as a casual vacancy.(v)In other cases to declare a vacancy to be filled up as a casual vacancy.(vi)To make an order as to costs.(7)The trial of an election petition shall as far as possible be governed by the Civil Procedure Code.(8)No petition shall lie on the ground that any nomination paper was wrongly rejected or the name of any voter was wrongly included in or omitted from the electoral roll or any error or irregularity which is not of a substantial character.(9)The voting papers and other records relating to the elections shall not be destroyed until the expiry of the time fixed for the filing of any petition under Clause (1) of his rule.(10)In case where a petition or petitions have been filed under Clause (1), no such voting papers or records shall be destroyed till all the election petitions are finally disposed off.
