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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3-Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 133] NEW DELHI, SATURDAY, MARCH 19, 1977/PHALGUNA 28, 1898

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

NOTIFICATION

New Delhi, the 19th March 1977

S.O. 246(E).—In exercise of the powers conferred by section 33 of the 33 of the Disputed Elections (Prime Minister and Speaker) Ordinance, 1977 (4 of 1977), the Central Government hereby makes the following rules, namely—

1. Shront title and commencement.—(1) These rules may be called the. Disputed Elections (Prime Minister and Speaker) Rules, 1077

(2) They shall come into force on the date of their publication in the Official Gazette

2 Definitions.—In these rules, unless the context otherwise requires,-—

(a) "Chairman" and "Vice-Chairman" mean Chairman and Vice-Chairman of a Council;

(b) "Council" means a Council convened under section 4; (c) "Election Commission" means the Election Commission appointed by the President under article 324 of the Constitution;

(d) "Form" means Form annexed to these rules,

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(e) "member" means a member of the Council, (fj "Ordinance" means the Disputed Elections (Prime Minister and Speaker) Ordinance, 1077 (4 of 11)77),

(fi) "President" means the President of India; (h) "Registrar"' means the person designated as such by the Election Commission,

(I) "section" means a section of the Ordinance, and (]) words and expressions not defined herein but defined m the Ordmunce have the meanings respectively assigned to them in the Ordinance

3 Steps for convening a Council.—(1) As soon as may be after a petition is presented under section a, the Election Commission shall, for the purpose of con. vemng a Council under sub-section (1) of section 4, make a request in writing to the Central Government to take such action as may be necessary in pursuance of the provisions of that section,

(2) After the nomination or, as the case may be, election of the members referred to in sub-section (2) of section 4, the Central Government shall make a request to the President to appoint the Chairman and Vice-Chairman from amongst such members.

(3) The Central Government shall communicate the names of the Chairman and Vice-Chairman and other members to the Election Commission, and there- upon the Election Commission shall, by notification in the Official Gazette, convene the Council.

4. Conditions of service of Chairman, Vice-Chairman and other members:—

(l)(a) If the person appointed as Chairman Is a serving Chief Justice of the Supreme Court, he will discharge the duties of the Chairman In addition to his duties as Chief Justice and will not draw any remuneration for working as Chair- man of the Council

(bj For the journeys performed by the serving Chief Justice m connection with the work of the Council, he will draw travelling allowance and daily allow- ance in accordance with the Supreme Court Judges (Travelling Allowance) Rules, 1H59

(2,) (a) If the person appointed as Chairman is a retired Chief Justice of the Supreme Court, he shall be entitled to a salary at the rate of five thousand rupees per mensem and such salary shall be inclusive of the pension and pension equiva- lent of other forms of reLlrement benefits that he may be receiving lie will also be entitled to rent-free accommodation on the same basis as he writ, entitled to, as a serving Judge of the Supreme Court

(b) For the lourneys performed by the retired Chief Justice in connection with the work of the Council, he shall lie allowed to draw travelling allowance and daily allowance in accordance with the Supreme Court Judges (Travelling Allow- ance) Rules, 1959, as if his functioning as the Chairman of the Council was his normal duty.

V.\) The other two persons nominated as members under clause (a) of sub- section (2) of section 4 shall be paid a salary of three thousand rupees per mensem and shall be entitled to draw such allowances as are admissible to a Government OITlcer of the first grade.

Provided that if su<:h person is appointed as Vice-Chairman, he shall be entitled to a special pay of two hundred and fifty rupees per mensem, in addition to his salary.

(4; The members elected under clause (b) and clause (c) of sub-section (2) of section 4, or any such member appointed as Chairman or Viice-Chairman under sub-section (3) of the said section, shall not be entitled to any salary or other remuneration, but shall be entitled only to travelling allowance and daily allow- ance admissible to Members of Parliament under the Salaries, and Allowances of Members of Parliament Act, 1954 (30 of 1954), and the rules made thereunder

5 Appointment of officers and other employees.—(1) The officers and other employees if any, required for the discharged of the functions conferred on the Council by or under the Ordinance, shall be made available by the Election Com- mission, and the Election Commission shall designate one of the officers to be the Registrar of the Council

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(2) The Registrar shall discharge such functions as may be assigned to him by the Council

(3) The terms and conditions, of service of the officer., and other employees referred to In sub-rule (1) shall be the same as are applicable to officers and em- ployees of enncspondmg catc-oiios under the Central Government

⁶ /u b lAc a t i o,n **f t he o r d er of t he Council In the Official Gazette.—As soon as may be after the receipt of an authenticated copy of the decision of the Council under section 2G the Election Commission shall cause the order made by the Council under section 20 to be published In the Official Gazette

7 Fee for petition—The petitioner shall, at the time of presenting the petition deposit by a ctossed demand draft drawn in favour of the Pay and Accounts Officer Election Commission and ptrvablc at (he Indian Bank Connaught Circus New Delhi a turn of twenty five rupees as the fee payable for the presentation of such petition, and the receipt m evidence of such deposit ^hall be filed with the Election (. omm ssjon

8 Manner of deposit—The sum required to be deposited bv a petitioner as secuutv for costs under tub-section (4), the further security for costs, if any, which he may be called upon to give under sub-section (5) and the security for costs which a person has to #i\e to be iomed as respondent to petition under sub-section (0), of section 8, shall be deposited bv a crossed demand draft drawn in fuoiir of the Pa\ and Accounts Officer Election Commission and payable at the Indian Bank ConnauRht Orcus, New Delhi, and the receipt in evidence of such deposit shall be filed with the Election Commission

9 Place of trial—The Council shall hold the trial at New Delhi-

Provided that If the Council considers It necessary so to do having regard to the circumstances of the case or the convenience of the parties, it may also sit at such other place oi places as it may deem fit

10 Procedure before the Council.— (l) Sub,ect to the provisions of the Ordi- nance every petition shall be tried bv the Council as neailv as may be in accordance with the- procedure applicable under the Code of Civil Procedure, ^1908 (5 of 1908) to the trial of suits

Provided that the Council shall have the discretion to refuse for reasons to be recorded in writing¹, to examine any witness or witnesses if it is of the Ooinion that evidence of such witness or witnesses is not material for the decision of the petition, or that the paity tendering such witness or witness is doing so on frivolous grounds or with a view to delay the ptoceedmgs

(2) The provisions of the Indian Evidence Act 1872 (1 of 1872), shall, sub- lect to the provisions of the Ordinance, be deemed to appl-" in all respects to the trial of a petition

11 Custody of records of the Council—The Repistrar shall have the custod.v of the recoids of the Council and shall at the conclusion of trial of the petition bv the Council, transfei the same to the Election Commission

12 Form of affidavit to be filsd with petition.—The affidavit referred to in sub-section d) of section 10 shall be sworn before „ Magistrate of the first class nr a notary or a Commissioner of Oaths and shall be in the Form annexed to these rules

13 Application of certain provision* of the Conduct o' Election Rules, 1961 —

For the ourooses of the trial of a netition under the Ordinance rules 93 and 94 nf the Conduct of Election Rul^s 1961 made under the Representation of the Peonle Act 1Q51 f-n of W1) shall applv sublet 1o the modifhation thqt for the references in those rules to a competent court, references to the Council shall be substituted

A N N E X V J RK

FORM OF AFFIDAVIT UNDER SECTION 10

[See rule 12]

I, . .. .. . the petitioner in the accompanying petition calling in question the election of Shrl/Shrimati . . (respondent No . . .. in the said petition) make solemn affirmation, oath and say—

(a) that the statements made in paragraphs . of the accompanying petition about the commission of the corrupt practice of. . and the particulars of Much corrupt practice mentioned in paragraphs

. of the same petition and in paragraphs . . ..

of the Schedule annexed thereto are true to my knowledge;

(b) that the statements made m paragraphs . of the said peti- tion about the commission of the corrupt practice of * . and the particulars of such corrupt practice gUven in paragraphs

, of the said petition and in paragraphs . .. . of the Schedule annexed thereto are true to my information;

(c)

(d)

etc.

Signature of deponent.

Solemnly affirmed/sworn by Shri/Shrimati , . . .. . . ..

at .. this . day of . . 197 . . ..

Before me,

Magistrate of the first class/

Notary/Commissioner of Oaths

[No F. 23O8)/75-Leg.II]

K. K SUNDARAM, Secy.

*Here specify the name of the corrupt practice

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FKINTED BY THE GENFRAI MANAGER, GOVERNMENT OF INDIA. PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 77