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State of Andhra Pradesh - Section

Section 1 in Andhra Pradesh Municipalities (Decision of Election Disputes) Rules, 1967

1.

(1)Save as otherwise provided, no election held under the Andhra Pradesh Municipalities Act, 1965 whether of a Councillor, Chairman or Vice-Chairman, shall be called in question except by an election petition presented in accordance with these rules to an Election Tribunal as defined by sub-rule (2) by any candidate or elector against the candidate who has been declared to have been duly elected (hereinafter called the returned candidate) or if there are two or more returned candidates against all to any of such candidates.
(2)The Election Tribunal shall be -
(a)the Subordinate Judge having territorial jurisdiction over the Municipal area or if there is more than one such Subordinate Judge, the Principal Subordinate Judge, or
(b)If there is no such Subordinate Judge, the District Judge having such jurisdiction;
Provided that an election petition may, on application be transferred-
(i)if presented to a Subordinate Judge under clause (a) by the District Judge, concerned to another Subordinate Judge within his jurisdiction or to his own file; and
(ii)if presented to a District Judge under clause (b) by the High Court to another District Judge or to Subordinate Judge in another district.
(3)Where an election petition is transferred to any subordinate or District Judge under the foregoing proviso, such judge shall be deemed to be the Election Tribunal.
(4)An Election Tribunal exercising jurisdiction under these rules shall be deemed to exercise such jurisdiction as a person a designata and not in his capacity as a judge of the Court over which he preside.