Section 48 in Uttar Pradesh Municipal Corporation Act, 1959
48. Electoral offences.
- [(1) The provisions of Sections 125, 126, 127, 127- A, 128, 129, 130, 131, 132, 134, 134-A, 135 [135-A] [Substituted by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).] and 136 of Chapter III of Part VII of the Representation of the People Act, 1951 shall have effect as if -(a)the reference therein to an election were a reference to an election held under this Act;(b)for the word "constituency" the word "ward" had been substituted;(bb)in Section 127-A in sub-section (2) in clause (b) in sub-clause (i) , for the words "the Chief Electoral Officer" the words the [Chief Election Officer (Urban Local Bodies)] [Substituted for 'State Election Commission' by U.P. Act 26 of 1995, S.16 (w.e.f. 30-05-1994).] had been substituted;(c)in Sections 134 and 136 for the words "by or under this Act" the words "by or under the Uttar Pradesh [Municipal Corporation Act] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).], 1959" had been substituted.](2)If the [Chief Election Officer (Urban Local Bodies)] [Substituted for 'State Election Commission' by U.P. Act 26 of 1995, S.16 (w.e.f. 30-05-1994).] has reason to believe that any offence punishable under Section 129 or 134 or [under Section 134- A] [Inserted by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).] or under clause (a) of sub-section (2) of Section 136 of the said chapter has been committed in reference to any election to a Corporation he may cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case to him may appear to require.(3)No court shall take cognizance of any offence punishable under Section 129 or under Section 134 [or under Section 134-A] [Inserted by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).] or under clause (a) of sub-section (2) of Section 136 unless there is a complaint made by order of or under authority from the [Chief Election Officer (Urban Local Bodies)] [Substituted for 'State Election Commission' by U.P. Act 26 of 1995, S.16 (w.e.f. 30-05-1994).].
