- If the validity of an election of a Commissioner is brought in question by an unsuccessful candidate or person qualified to vote at the election to which such question refers, such person may, at any time within twenty-one days after the date of the declaration of the result of the election file a petition in the prescribed manner before the District Judge of the district within which the election has been or should have been held and in the case of the Shillong Municipality to the District Judge, Lower Assam District, and shall at the same time deposit one hundred rupees in court as security for the costs likely to be incurred:Provided that the Deputy Commissioner or the Sub-divisional Officer as the case may be, authorized by the State Government to receive election petitions on behalf of the District Judge for transmission to him:Provided further that the validity of such election shall not be questioned in any such petition-(a)on the ground that the name of any person qualified to vote has been omitted from the electoral roll: or(b)on the ground that the name of any person not qualified to vote has been inserted in the electoral roll; or(c)on the ground, of acceptance or refusal of nomination of candidates provided further that an appeal in the manner prescribed shall be to the District Judge against such acceptance or refusal of nomination.
