Section 49 in The Bar Council of Bihar Election Rules, 1968
49. Disputes as to the validity of election.
(1)Any voter may contest the validity of the election of candidates 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 16 days from the date of publication of the results of the election.(2)The petition shall be accompanied by a fee of Rs. 1000/- 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 respondent 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 whose names are on the State Roll and who are of not less than 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.(6)The Election Tribunal shall have all or any of the following powers:-(i)To dismiss a petition.(ii)To order re-count.(iii)To declare any candidate to have been duly elected on a re-count.(iv)To set aside the election of the candidate who either by himself or through his agent is guilty of corrupt practices.(v)In other cases to declare a vacancy to be filled up as a casual vacancy.(vi)To make an order as to costs.Explanation. - The vacancy arising under sub-rule (6)(iv) shall be filled up as a casual vacancy.Corrupt PracticesThe following shall be deemed to be corrupt practice.(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 to withdraw or not to withdraw from being a candidate at an election,(b)an elector to vote or refrain from voting at an election, or as reward to,(i)a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature.(ii)an elector for having voted or refrained from voting.(B)The receipt of, agreement to receive, any gratification whether as a motive or a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 being a candidate; or(b)by any person whomsoever 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 estimatable in money and includes all forms of entertainment and all forms of employment for reward.(2)Under 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 candidature with a bare request for a vote shall not amount to undue influence :And Provided further that a candidate or his agent may orally ask for votes from voters; but on the date of election such request 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 seek 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.(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.(7)The trial of an election petition shall as far as possible be governed by the Civil Procedure Code.(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 substantial character.(9)The Voting Papers and other records relating to elections shall not be destroyed until the expiry of the time fixed for the filing of any petitions under clause 1 of this rule.(10)In case where a petition or petitions have been filed under clause 1, no such Voting Papers or records shall be destroyed till all the election petitions are finally disposed off.
