Section 51 in The Bihar Industrial Disputes Rules, 1961
51. Disputes regarding election to Works Committee.
(1)(a)Any unsuccessful candidate may present an election petition, verified in the manner prescribed for verifications of pleadings in the Code of Civil Procedure, 1908, to the Commissioner of Labour within fifteen days of announcement of the result of the election.(b)The petitioner may also claim that he himself or any other candidate has been duly elected.(2)The Commissioner of Labour shall decide the dispute after giving notice to the persons concerned, in or near the locality where election was held and shall exercise the powers of a Civil Court in respect of the following matters:(i)enforcing the attendance of witnesses;(ii)compelling the production of documents;(iii)examining witnesses on oath;(iv)granting adjournments;(v)reception of evidence taken on affidavit; and(vi)issuing summons for examination of witness.(3)(a)An election shall be declared void, if, in the opinion of the Commissioner of Labour, the election of a returned candidate has been procured or induced by any corrupt practice.Explanation.-"Corrupt Practice" means the use of violence, threat intimidation or the offer or promise of any gratification to any person whomsoever, on behalf of a returned candidate, with the object of inducing an elector to vote or to refrain from voting or an person to stand or not to stand or to withdraw from being a candidate at an election.(b)The petitioner or any other candidate may be declared duly elected, if it is proved that he in fact received a majority of valid votes or but for the votes obtained by corrupt practice, would have obtained a majority of valid votes.(4)In respect of any matter not specially provided for in this Rule, the Commissioner of Labour shall proceed in such manner as he considers proper in the circumstances of the case.
