Section 34 in The Bar Council of Rajasthan Election Rules, 1968
34. Disputes as to the Validity of Elections.
(1)Any voter may contest the validity of the election of a candidate declared to have been elected to the Bar Council by a petition signed by him and supported by an affidavit and delivered to the Secretary personally or sent by registered post so as to reach him within 15 days from the date of publication of the result of the election.(2)The petition shall be accompanied by a fee of [Rs. 10,000/-] [Substituted by Resolution No. 32/08 and 50/08, meeting held on 2/3.2.08 and 24.3.08 respectively, Notification dated 13/14.4.08-Gazette of India, Part III-section 4, dated 24.5.08, page 3475.] which shall be paid in cash or sent by Money Order. In case it is sent by M.O., the M.O. receipt shall also be attached to the petition. The fee shall not be refundable.(3)Such petition shall include as respondents all the contesting candidates, and the petition shall be accompanied by as many copies as there are respondents.(4)All disputes arising under the above sub-rule shall be decided by a tribunal to be known as an Election Tribunal comprising 3 advocates who agree in writing not to seek election and whose names are ,on the State Roll and who are not less than of 10 years' standing.(5)The Election Tribunal shall be appointed by the Bar Council on or before the date on which the time of the election is fixed under Rule 4. Where there is or are one or more vacancies in the tribunal by reason of death, resignation or any cause whatsoever the same shall be filled up by the Bar Council of India from amongst advocates on the roll of the State Bar Council concerned.(6)The Election Tribunal shall have all or any of the following powers-(i)to dismiss a petition;(ii)to order recount;(iii)to declare any candidate to have been duly elected on a recount;(iv)to set aside the election of the candidate who either by himself or through any other person acting with his consent is guilty of corrupt practices.The following shall be deemed to be corrupt practices for the purposes of this Act:-(1)'Bribery' that is to say-(A)any gift, offer or promise of any gratification to any person whomsoever, with the object, directly or indirectly of inducing-(a)a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election; or(b)an elector to vote or refrain from voting at an election, or as a reward to:(i)a person for having so stood or not stood or for having withdrawn or not having withdrawn his candidature; or(ii)an elector for having voted or refrained from voting;(B)the receipt of or agreement to receive, any gratification whether as a motive or a reward-(a)by a person for standing or not standing as, or for withdrawing or not withdrawing from a candidate; or(b)by any person whosoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.For the purposes of this clause the term 'gratification' is not restricted to pecuniary gratification or gratifications estimated in money and it includes all forms of entertainment and all forms of employment for reward.(2)'Undue influence' that is to say any direct or indirect interference or attempt to interfere with the free exercise of any electoral right including the issuing or sending of any appeal or manifesto for votes whether direct or indirect:Provided that a mere intimation of a candidature with a bare request for a vote shall not amount to under influence:And provided further that a candidate or his agent may also orally ask for votes from voters; but on the date of election such requests shall not be made within a radius of 200 yards from the polling station. And a candidate may issue a written intimation to his voters announcing his candidature and seeking their votes or their first preference votes, which intimation shall not contain any other publicity or his eulogy. Such written intimation shall also not amount to "undue influence".Attempt to secure from any voter his ballot paper with intent to prevent him from transmitting it directly or with intent to ensure that the vote has been cast or is to be cast for a particular candidate shall be deemed to interfere with the free exercise of the electoral right of the said voter.(3)The hiring or procuring, whether on payment or otherwise of any vehicle or vessel or the use of such vehicle or vessel for the free conveyance of any elector to or from any polling station.Explanation. - The vacancy arising under sub-rule (6)(iv) shall be filled up as a casual vacancy.(v)In other cases to declare a vacancy to be filled up as a casual vacancy.(vi)To make an order as to costs.(7)The trial of an election petition shall as far as possible be governed by the Civil Procedure Code.[(7-A) That the quorum for the hearing before the Election Tribunal shall be of two members. However final judgment after hearing arguments shall be passed by the Tribunal consisting of all the three members.Explanation. - The term final judgment shall not include the order of dismissal of the Election Petition in the event of non-appearance of the Election Petitioner.] [Added by Notification No. BCR/Not. 3/Elect/1998, dated 22.1.1998, Published in Rajasthan Gazette Part VII, dated 29.1.1998, page 191(1), w.e.f. 29.1.1998.](8)No petition shall lie on the ground that any nomination paper was wrongly rejected or the name of any voter was wrongly included in or omitted from the electoral roll or any error or irregularity which is not of a substantial character.(9)The voting papers and other records relating to the elections shall not be destroyed until the expiry of the time fixed for the filing of any petition under clause (1) of this rule.(10)In case where a petition or petitions have been filed under sub-rule (1), no such voting papers or records shall be destroyed till all the election petitions are finally disposed of.
