Section 13 in The West Bengal Local Bodies (Electoral Offences And Miscellaneous Provisions) Act, 1952
13. Prosecution regarding certain offences.
(1)If the Competent Authority specified in sub-section (2) has reason to believe that any offence punishable under section 5 or section 10 or under clause (a) of sub-section (2) of section 12 has been committed it shall be the duty of the Competent Authority to cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to him to require.(2)The Competent Authority for the purpose of sub-section (1) shall be-(a)in reference to an election [* * * * *] [Words and figures 'under the Bengal Local Self-Government Act of 1885 or' omitted by West Bengal Act 26 of 1984, w.e.f 25.6.1984.] under the Bengal Municipal Act, 1932 [or under the Chandernagore Municipal Act, 1955] [Words and figures inserted by West Bengal Act 24 of 1956.], the District Magistrate; and(b)in reference to an election under [the Calcutta Municipal Corporation Act, 1980 or the Howrah Municipal Corporation Act, 1980,] [Words and figures substituted for the words and figures 'the Calcutta Municipal Act, 1923 or the Calcutta Municipal Act, 1951,' by West Bengal Act 26 of 1984, w.e.f. 25.6.1984.]-(i)the State Government, in respect of an offence committed by a Registering Authority [or election authority] [Words inserted by West Bengal Act 26 of 1984, w.e.f. 25.6.1984.],(ii)the Registering Authority [or election authority] [Words inserted by West Bengal Act 26 of 1984, w.e.f. 25.6.1984.], in respect of an offence committed by any person appointed by him to perform any duty in connection with the preparation or revision of an electoral roll, and(iii)the Election Officer [or election authority] [Words inserted by West Bengal Act 26 of 1984, w.e.f. 25.6.1984.] authorised to appoint returning officers, presiding officers and polling officers, in respect of an offence committed by a person other than a person referred to in sub-clauses (i) and (ii).(3)No court shall take cognizance of an offence punishable under section 5 or section 10 or under clause (a) of sub-section (2) of section 12 unless there is a complaint made by order of, or under authority from, the Competent Authority as referred to in sub-sections (1) and (2).
