Section 111 in The Bihar Municipal Election Rules, 2007
111. Information or Certified Copy of documents for filling Election Petitions to be made available within time frame.
(1)If a person files application in the prescribed manner for obtaining a copy of the election result or any other information or paper related to election for the purpose of filling Election Petition or for other purposes, it shall be incumbent on the part of the Returning Officer to make available the required information/papers to the applicant maximum within five days of filing of such application. If the applicant does not turn up to receive the information or the certified copy on the fixed date, the matter will be reported to the District Election Officer (Municipality) on the same day.(2)If the concerned Returning Officer fails to furnish the required information or to hand over the certified copy without any reasonable cause within the prescribed period or malafidely denied the request for information or obstructed in any manner, the State Election Commission, on receiving a complaint in this regard and after giving any oral or written direction to submit an explanation for the failure to do so, may impose a fine of rupees five hundred for per day of delay, till the period the required information or the certified copy is made available to the applicant.The fine shall be realized from the personal salary or emoluments of the concerned Returning Officer in the manner as specified by the State Election Commission.Provided that the concerned Returning Officer shall be given a reasonable opportunity of being heard by the State Election Commission before any penalty is impose on him:Provided further that the burden of proving that he acted reasonably and diligently shall be on the concerned Returning Officer.(3)Where the State Election Commission at the time of deciding is of the opinion that the Returning Officer, without any reasonable cause, failed to furnish information or certified copy within specified time or malafidely denied the request, the State Election Commission shall recommend for disciplinary action against the Returning Officer under the service rules applicable to him.
