Section 43 in The Jharkhand Agricultural Produce Markets Rules, 2000
43. Determination of validity of election.
- At any time within fifteen days from the date of publication, under rule 41, of the result of an election, any candidate who stood for election or any person qualified to vote at that election may challenge the election by presenting an election petition by making the candidates at the election parties to the petition, together with a deposit of two hundred rupees as security for costs to the Munsif within whose territorial jurisdiction the market yard of the market area concerned is situated for the determination of the validity of the election and claiming any or both of the following reliefs, namely:(a)a declaration that the election of all or, any of the returned candidates is valid;(b)a declaration that he himself or any other candidate has been duly elected.(ii)The Munsif shall, after such inquiry as he deems necessary, pass an order-(a)dismissing the election petition; 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 candidates to have been duly elected.(iii)For the purpose of the said inquiry, the Munsif may exercise any of the powers of a civil court. He may also award costs in such manner as he may deem fit and such costs shall be recoverable as if they have been awarded under the Code of Civil Procedure, 1908 (Central Act 9 of 1908). If as a result of his order the declared result of an election is amended or set aside, he shall forthwith communicate the order to the Election Officer. In the event of the election being set aside, the Election Officer shall take the necessary steps for holding a fresh election. -If the Munsif is of opinion-(a)that on the date of his election the returned candidate was not qualified or was disqualified to be chosen to fill the seat; 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 the 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 a returned candidate, has been materially affected-(1)by the improper acceptance of any nomination, or(2)by any corrupt practice committed in the interest of the returned candidate by a person other than that candidate or his election agent or a person acting with consent of such candidate or his election agent, or(3)by the improper receipt, refusal or rejection of any vote or the rejection of any vote which is void, or(4)by any non-compliance with the provisions of the rule or orders thereunder.(iv)The Munsif shall declare the election of any or all of the returned candidate to be void, 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 Munsif 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 vote obtained by the returned candidate by corrupt practice the petitioner or such other candidate would have obtained a majority of the valid votes;The Munsif 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.(v)If the Munsif by his order declares the election of any candidate to be void on the ground specified in Rule 53 he may, if he thinks fit, declare any person by whom any corrupt practice has been committed within the meaning of the rule to be disqualified from being a member of any Market Committee for a term not exceeding four years :Provided that no such declaration shall be made in respect of any person other than the returned candidate without giving such person an opportunity to show cause why such declaration shall not be made :Provided further that such person may, at any time, be relieved from such disqualification by an order of Board in that behalf.(vi)Subject to the provision of these rules, every election shall be tried by Munsif as early as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908, to the trials as suits.
