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State of West Bengal - Section
Section 204 in The West Bengal Panchayat Act, 1973
204.
[* * * * * * * * * *]| Section 204 omitted by W.B. Act 8 of 2003, which was as under:-"204. Disputes as to election.- (1) If any dispute arises as to the validity of an election under this Act, any person entitled to vote at. such election may, within thirty days after the date of the declaration of the results of such election, file a petition, calling in question such election -(a) before the Munsif having jurisdiction where such election is in respect of aGram Panchayator aPanctiayat Samitiand(b) before the District Judge of the district, where such election is in respect of aZilla Parishad.(2) When filing a petition under sub-section (1), the petitioner shall deposit in court, as security for the costs likely to be incurred, a sum of -(a) fifty rupees, where the petition is filed before the Munsif, and(b) two hundred rupees, where the petition is filed before the District Judge.(3) The District Judge may transfer any petition filed before him under sub-section (1) to any Judicial Officer subordinate to him not below the rank of a Subordinate Judge.(4) In dealing with a petition under sub-section (1), the Munsif, the District Judge or the Judicial Officer to whom the petition is transferred under sub-section (3) (hereinafter referred to as the Judge) may hold such enquiry as he deems necessary.(5) The procedure to be followed by the Judge Including all matters relating to the filing of such petition shall be such as may be prescribed.(6) The Judges shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses and compelling the discovery and production of documents.(7) The decision of the Judge shall be final and shall not be called in question in any court.(8) No court shall grant an injunction -(i) to postpone the election of -(a) a member of aGram Panchayat, aNyaya Panchayat, aPanchayat Samitior aZilla Parishad, or(b) aPradhan, anUpa-Pradhan, aPradhan Vicharak, aSabhapatiaSahakari SabhapatiaSabhadhipati, aSahakari Sabhadhipatior members andKarmadhyakshasofSthayee Samitis; or(ii) to prohibit a person declared to have been elected under this Act, from taking part in the proceedings of theGram Panchayat,Nyaya Panchayat,Panchayat SamitiorZilla Parishad, as the case may be, to which he has been elected: or(iii) to prohibit the members formally elected or appointed to aGram Panchayat,Nyaya Panchayat,Panchayat SamitiorZilla Parishad, as the case may be, under this Act from entering upon their offices.". |