Section 113 in The Bihar Panchayat Election Rules, 2006
113. Copy of the order on election petition to be made available.
- The copy of the order passed on the election petition by the Court/Prescribed Authority will be made available to the District Election Officer and the Commission.[113(a). Information or Certified Copy of documents for filing election petitions to be made available within time frame. [Inserted by Rule 3 of Amdt. Rules, 2007 vide Notification No. 5595, dated 29.11.2007, Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] - (1) If a person files application in the prescribed manner for obtaining a copy of the election result or any other information or paper related to the election for the purpose of filing an election petition or for other purposes, it shall be incumbent on the part of the Returning Officer to make available the required information/papers to the applicant within a maximum period of five days from the day of filing of such an application. If the applicant does not turn up to receive the information or the certified copy on the fixed date, the matter will be reported to the District Election Officer (Panchayat) on the same day.(2)If the concerned Returning Officer fails to furnish the required information or to handover the certified copy without any reasonable cause within the prescribed period or denied and/or obstructed the request for information with mala fide intent in any manner, the State Election Commission, on receiving a complaint in this regard and after giving any oral or written direction to submit an explanation for the failure to do so, may impose a fine of rupees five hundred per day for delay, till the period the requisite information or the certified copy of the same is made available to the applicant. The fine shall be realized from the personal salary or emoluments of the concerned Returning Officer in the manner as specified by the State Election Commission:Provided that the concerned Returning Officer shall be given a reasonable opportunity of being heard by the State Election Commission before any penalty is imposed on him:Provided further that the "burden of proof" that he acted reasonably and diligently shall be on the concerned Returning Officer.(3)Where the State Election Commission at the time of deciding is of the opinion that the Returning Officer, without any reasonable cause, failed to furnish the information or the certified copy of the same within the specified time or denied the request with mala fide intent, the State Election Commission shall also recommend for disciplinary action against the Returning Officer under the service rules applicable to him."]
