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State of Telangana - Section

Section 2 in Telangana Panchayat Raj (Authority to dispose petitions in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 2018

2.

(1)Save as otherwise provided no election held under the Act, whether of a member, Sarpanch or Upa-Sarpanch of Gram Panchayat, President, [and Vice-President] of Mandal Praja Parishad and Member of Mandal Praja Parishad Territorial Constituencies and Chairman, [Vice-Chairman] of Zilla Praja Parishad and Member of Zilla Praja Parishad Territorial Constituency thereof, shall be called in question except by an election petition presented in accordance with these Rules to the Election Tribunal as defined in Rule 2 of the act by any candidate or elector against the candidate who has been declared to have been duly elected (hereinafter called the returned candidate) or if there are two or more returned candidates against all or any such candidates.
(2)The Election Tribunal shall be, -
(i)except in cases following under clause (ii),
(a)the Junior Civil Judge, if there is more than one Junior Civil Judge, the Principal Junior Civil Judge having Territorial Jurisdiction over the place in which the office of Gram Panchayat is located, in respect of the election of members, Sarpanchas and Upa-Sarpanchas of Gram Panchayat.
(b)the Senior Civil Judge or if there is more than one Senior Civil Judge at the Head Quarters, having Territorial Jurisdiction over the place in which the office of Mandal Praja Parishad or Zilla Praja Parishad as the case may be, is located, in respect of the election disputes and matters pertaining to the election of President, Vice-President and members of Mandal Praja Parishad Territorial Constituencies of Mandal Praja Parishad and Chairman, Vice-Chairman and Members of Zilla Praja Parishad Territorial Constituencies of Zilla Praja Parishad.
Explanation. - For purposes of these Rules, the expressions "Senior Civil Judge" and "Junior Civil Judge" shall in relation to the Scheduled Areas mean the Agency Divisional Officer.
(ii)Where the Government so directs, whether in respect of Gram Panchayats generally or in respect of any class of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads such officer or officers of the Government as may be designated by the Government in this behalf by name or by virtue of Office:
Provided that an election petition may, on application, be transferred:
(a)If presented to a Senior Civil Judge or the Junior Civil Judge as the case may be, under clause (i) by the District Judge concerned to another Senior Civil Judge or Junior Civil Judge-cum-Magistrate as the case may be within his jurisdiction;
(b)If presented to an officer of the Government under clause (ii) by the Government to another officer of the Government.
Where an election petition is so transferred, the authority to which it is transferred shall be deemed to be the Election Tribunal.
(3)An election Tribunal exercising jurisdiction under these Rules shall be deemed to exercise such jurisdiction as a person designate and not in his capacity as a Judge or other Officer of the Government, as the case may be.