&(1) The election of a Chairperson or ViceChairperson under section 43 shall not be called in question except
by an election petition presented to the District Judge having
territorial jurisdiction, over the municipal area :
Provided that where an election petition is presented as
aforesaid to a District Judge, he may, for the reasons to be recorded
in writing, transfer the same for hearing and disposal to a Judge
subordinate to him.
Explanation.&The District Judge or any other Judge to
whom an election petition is or transferred and by whom it is heard
in accordance with the provisions of this section is hereinafter
referred to as the Judge.
(2) Such petition may be presented by a candidate who has
been defeated or whose nomination has been rejected in such
manner, on such grounds and within such period as may be
prescribed, along with a deposit of one thousand rupees.
(3) In hearing the petition, the Judge shall follow such
procedure and exercise such powers as may be prescribed.
(4) Without prejudice to the generality of the provision
contained in sub-section (3), the Judge may, if the petition is found
to be frivolous, direct that the deposit mentioned in sub-section (2)
shall be forfeited to the State Government.
advertisement