Section 44 in The Jharkhand Agricultural Produce Markets Rules, 2000
44. Appeal against orders of Munsif.
- (i) Any person aggrieved by any decision or order of the Munsif under Rule 43, may within thirty days from the date of such decision or order appeal in the prescribed manner to the District Judge within whose territorial jurisdiction the Market yard of the market area concerned is situated. The decision of the District Judge on such appeal shall be final and conclusive. The District Judge shall forthwith communicate the result of the decision or order to the Election officer, who shall take steps either to publish the names of the persons declared elected or to hold fresh election, as the case may be.(ii)Any person intending to exercise a right of appeal provided in sub-rule (i) may obtain an order staying any of the consequences arising on account of the order of the Munsif passed under Rule 43 on deposit of an amount of four hundred rupees as security of costs in the court of the Munsif apart from the amount of deposit, if any, made under sub-rule (i) of Rule 45. The Munsif shall order such stay on such deposit for a period not exceeding two months from the date of his order. If no further stay is obtained before the expiry of such period from the District Judge or if such stay is obtained from the District Judge and the period of stay expires or if such stay ultimately cancelled, the amount deposited or the balance, if any out of such amount after deducting the amount of costs, if any, of the parties opposing the appeal or the stay, awarded by the District Judge by his order in such appeal shall be forfeited to the State Government by an order made in this behalf by the Munsif unless the District Judge orders the refund of the deposited amount or the balance of the amount as the case may be or any part thereof by an order passed in that regard at the time of his giving decision in the appeal or thereafter and such order is communicated to the Munsif.(iii)Every appeal under the rule shall be decided as expeditiously as possible, an endeavour shall be made to determine it finally within three months from the date on which the memorandum of appeal is presented to the District Judge, and the procedure provided in the Code of Civil Procedure, 1908 in regard to the suit shall be followed by the District Judge as far as it can be made applicable in the trial and disposal of an election petition or appeal.
