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State of Himachal Pradesh - Section

Section 44 in Himachal Pradesh Waqf Rules, 2016

44. Election of Chairperson.

(1)After the appointment of the members of a newly constituted Board, notified under section 13, the Government shall notify the first meeting of the Board, for the election of the Chairperson as provided in rule 42. The notification shall state that at such meeting the Chairperson shall be elected.
(2)The meeting shall be presided over by the Secretary to the Government who shall conduct the proceedings for the election of the Chairperson.
(3)The name of the candidate to the post of Chairperson shall be proposed by a member who shall be seconded by another member. The voting shall be by secret ballot.
(4)A member shall have only one vote. The candidate securing the highest number of votes shall be declared to have been elected as Chairperson.
(5)In case of a tie the names of the candidates shall be put to lot and the Chairperson shall be selected from the lot.
(6)
(a)where a dispute arises as to the validity of election of the Chairperson or any member of the Board, any person interested may within thirty days of the declaration of the result of the election file an application before the Tribunal for decision, and the decision of the Tribunal thereon shall be final;
(b)no suit or other legal proceedings shall lie in any civil court in respect of any dispute/question or other matter relating to the election of Chairperson or member of the Board.
(7)The election petition shall be accompanied by a court fee of two thousand rupees and can be increased from time to time.
(8)The Tribunal shall dispose of the application within one year of its filing.
(9)Expenses for the conduct of election of the members and the Chairperson of the Board shall be borne by the State Government.