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State of Andhra Pradesh - Section

Section 3 in Andhra Pradesh Farmers Management of Irrigation Systems (Election Tribunals in Respect of Water Users Associations, Distributory Committees and Project Committees) Rules, 1997

3. Settlement of Election disputes; and limitation for presentation of Election Petition.

(1)Save as otherwise provided, no election held under the Act, whether of a member or President of the Managing Committee of a Water Users Association, a member or President of a Managing Committee of a Distributory Committee, or of a member or Chairman of the Managing Committee of the Project Committee shall be called in question except by an election petition presented in accordance with these rules to the Election Tribunal as defined in sub-rule (2) by any candidate or elector against the candidate who has been declared to have been duly elected (herein after called the returned candidate or if there are two or more returned candidates against all or any such candidates.
(2)The Election Tribunal shall be :
(a)the District Munsif, if there is more than one District Munsif, the Principal District Munsif, having territorial Jurisdiction over the place in which the office of the water users association is located, in respect of the election of members of the managing committee and president of the water users associations.
(b)the Sub-ordinate Judge or if there is more than one Subordinate Judge, the Principal Sub-ordinate Judge, having territorial Jurisdiction over the place in which the office of the distributory committee is located in respect of the election disputes and matters pertaining to the election of members of the managing committee and president of the distributory committee.
(c)the Principal District Judge having territorial jurisdiction over the place in which the office of the project committee is located in respect of the election disputes and matters pertaining to the election of members of the Managing Committee and Chairman of the Project Committee.
(3)An Election Tribunal exercising Jurisdiction under there rules shall be deemed to exercise such jurisdiction as a personal designate and not in his capacity as a Judge.
(4)The election petition shall be presented within thirty days from the date of the declaration of the result of the election:Provided that for settlement of disputes arising out of the elections conducted under the Act prior to the commencement of these rules an election petition may be filed before the election Tribunal specified in sub-rule (2) having jurisdiction within thirty days from the date of commencement of these rules.Explanation. - (i) If the Election Tribunal is closed on the last day of the thirty days aforesaid the petition may be presented to the Election Tribunal immediately on the next working day.
(ii)The petition shall contain a statement in concise form, the material facts on which the petitioner relies and the particulars of any election offences which he alleges and shall, where necessary, be divided into paragraphs numbered consecutively. It shall be signed by the petitioner and verified in the manner prescribed for the verification of pleadings in the Code of Civil Procedure, 1908.