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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 7] NEW DELHI, TUESDAY, APRIL 5, 1977/CHAITRA 15, 1899

Separate paging is given to this Part in order that it may be filed as a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sabha on 5th April, 1977: —

BILL NO. 17 OF 1977

A Bill further to amend the Government of Union Territories Act, 1963.

BE it enacted by Parliament in the Twenty-eighth Year of the

Republic of India as follows:—

1. This Act may be called the Government of Union Territories Short title.

(Amendment) Act, 1977.

20 of 1963.

2. In section 5 of the Government of Union Territories Act, 1963 (here-

inafter referred to as the principal Act), after the existing proviso, the following proviso shall be inserted, namely: —

Amend- ment of section 5.

'Provided further that the provisions of this section shall,—

(a) in relation to the Legislative Assembly of the Union territory of Goa, Daman, and Diu in existence on the 7th day of February, 1977, apply as if for the words "five years", in the two places where they occur, the words "five years and four months" had been substituted;

'(b) in relation to the Legislative Assembly of the Union

territory of Mizoram in existence on the said date, apply as if for

( 9 1)

the words "five years'', in the two places where they occur, the words "five years and seven months" had been substituted.'.

5 of 1977 3. (1) The Government of Union Territories (Amendment) Ordinance, 1977 is hereby repealed.

Repeal and saving.

(2-) Notwithstanding such repeal, the Legislative Assembly of the Union territory of Goa, Daman and Diu (in existence on the 7th day of February, 1977) continued from the 24th day of March, 1977 till the date of commencement of this Act (both inclusive), under section 5 of the principal Act a^ amended by the said Ordinance, shall! be deemed to have )"en continued under the said section 5 as amended by this Act, as if this Act had come into force on the 7th day of February, 1977.

STATEMENT OF OBJECTS AND REASONS,

The Government of Union Territories Act, 1963 was amended by the Government of Union Territories (Amendment) Ordinance, 1977 with a view to provide for the extension of duration of the Legislative Assemblies-¹ of Union territories from five years to six years. The Ordinance also' amended the Act to bring the Act in line with certain amendments made in the Constitution by the Constitution (Forty-second Amendment) Act, 1976.

2. It is now considered by the Government that the Act need be amended only for the purpose of extending the duration of the existing Legislative Assemblies of the Union, territories of Goa, Daman and Diu and Mizoram for a period of four months and seven months respectively beyond their normal term of five years.

3. The Bill seeks to achieve the above objective and to repeal the

Ordinance aforesaid.

NEW DELHI,

CHARAN SINGH.

The 2nd April, 1977.

Memorandum explaining the changes made m the Bill from the Govern-

ment of Union Territdries (Amendment} Ordinance, 1977.- •

1 The Constitution (Forty-second Amendment) Act, 1976, inter alia, made the following amendments in the Constitution to provide that—

(a) the duration of State Legislative Assemblies shall, unless sooner dissolved, be six years,

(b) the extent of Assembly constituencies Bird the reservation of seats for Scheduled Castes and Scheduled Tribes, as determined on the basis of the 1971 census, shall be frozen till the year 2001;

(c) the question as to whether a member of a House of the Legislature of a State has become subject to any disqualification as also the question whether a person is disqualified for being ehosen as, and for being, a member of the Legislature of a State oli the gro*und of being found guilty of a corrupt-practice including the question as to the period of disqualification or as to the removal or the reduction of the period of such disqualification, shall be decided by the President after consulting ,the Election Commission which" is empowered to hold an inquiry in this behalf;

(d) the office of profit, the holding of which shall disqualify a person for being chosen as, and for being a Member of the House of Legislature of a State, shall be such as may be declared by Parliament, by law;

(&) no court or other authority shall be entitled to require the production of the rules made for the more convenient transaction oi the business of the Government of the State.

2. The provisions mentioned above were applied to the Union Territories with Legislatures by amending the Government of Union Territories Act, 1963 by the Government of Union Territories (Amend- ment) Ordinance, 1977.

3. It is now considered by the Government that the Government of Union Territories Act, 1963 need be amended only for the purpose of extending the duration of the existing Legislative Assemblies of Goa, Daman and Diu and Mizoram for a period of four months and seven months respectively beyond their normal term of five years. Accordingly, the Bill makes necessary provision only for this purpose and the other provisions contained in the Ordinance are not being included in the Bill.

BILL N O. 18 OF 1977

A Bill to amend the Delhi Administration Act, 1966

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows: —

1. This Act may be called the Delhi Administration (Amendment) Short title Act, 1977.

2. In section 10 of the Delhi Administration Act, 1966 (hereinafter IB of I960

Amend- ment of section 10, referred to as the principal Act), after the existing proviso, the follow- i lg proviso shall be inserted, namely: —

'Provided further that the provisions of this section shall, in relation to the Metropolitan Council in existence on the 7th day of February, 1977, apply as if for the words "five years", in the two places where they occur, the words "five years and four months" had been substituted.¹.

3. (1) The Delhi Administration (Amendment) Ordinance, 1977 is 6 Of 1977.

hereby repealed,

Repeal and sav- ing.

(2) Notwithstanding such repeal, the Metropolitan Council of Delhi (In existence on the 7th day of February, 1977) continued from the 20th day of March, 1977 till the date of commencement of this Act (both in- elusive), under section 10 of the principal Act as amended by the said Ordinance, shall be deemed to have been continued under the said sec- tion 10 as amended by this Act, as if this Act had come into force on the 7th day of February, 1977.

STATEMENT OF OBJECTS AND REASONS

The Delhi Administration Act, 1966 was amended by the Delhi Administration (Amendment) Ordinance, 1977 with a view to provide for the extension of duration of the Metiopolitan Council of Delhi from five years to six \ears. The Ordinance also amended the Act to bring the Act in line with certain amendments made in the Constitution by the Constitution (Forty-second Amendment) Act, 1976.

2 It is now considered by the Government that the Act need be amended only for the purpose of extending the duration of the existing Metropolitan Council of Delhi for a period of four months beyond its normal term of five years.

3. The Bill seeks to achieve the above objective and to lepeal the Ordinance aforesaid.

CHARAN SINGH NEW DELHI, The 3rd April, 1977.

Memorandum explaining the changes made in the Delhi Administration

{Amendment) Bill, 1977 from the provisions contained in the Delhi

Administration (Amendment) Ordinance, 1977

1. The Constitution (Forty-second Amendment) Act, 1976, inter alia, made the following amendments in the Constitution to provide that—

(aj) the duration of State Legislative Assemblies shall, unless socner dissolved, be six years;

(b) the extent of Assembly constituencies and the reservation of seats for Scheduled Castes and Scheduled Tribes, as determined on the basis of the 1971 census, shall be frozen till the year 2001;

(c) the question as to whether a member of a House of the Legislature of a State has become subject to any disqualification, shall be decided by the President after consulting the Election Commission which is empowered to hold an inquiry in this behalf; (d) no court or other authority shall be entitled to require the production of the rules made for the more convenient transaction of the business of the Government of the State

2. The provisions mentioned above were applied to the Union territory of Delhi by amending the Delhi Administration Act, 1966 by the Delhi Administration (Amendment) Ordinance, 1977

3. It is now considered by the Government that the Delhi Administra- tion Act need be amended only for the purpose of extending the duration of the existing Metropolitan Council of Delhi for a period of four months beyond its normal term of five years. Accordingly, the Bill makes necessary provision only for* this purpose and the other provisions contained in the Ordinance are not being included in the Bill

B I LL N O. 19 OF 1977

A Bill to provide for Authorities to deal with disputed elections to

Parliament in the case of Prime Minister and Speaker of the House

of the People and for masters connected therewith.

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Disputed Elections (Prime Minis- ter and Speaker)) Act, 1977

(2) It shall be deemed to have come into force on the 3rd day of Short title and com- mence- ment.

February, 1977.

2. In this Act, unless the context otherwise requires,—

Defini-

tion*

(a) "Authority" means an Authority constituted und"r section 4 for the trial of a petition;

(b) "candidate" means a person who has been or claima to have been duly nominated as a candidate at any election;

(c) "costs" means all costs, charges and expenses of, or Inciden- tal to, a trial of a petition under this Act;

(d) "election" means an election in the case of Prime Minister

or in the case 01 Speaker;

(e) "election in the case of Prime Minister" means an election to either House of Parliament of a person who holds the office of Prime Minister at the time of such election or is appointed as Prime Minister after such election;

(f) "election in the case of Speaker" means an election to tho House of the People of a person who holds the office of Speaker at the time of such election or is chosen as the Speaker for that House after such election;

(g) "petition" means a petition calling in question an election;

(7i) "prescribed" moans prescribed by rules made under this Act;

43 of 1951

(1) "returned candidate" means a candidate whose name has been published under section 67 of the Representation of the People Act, 1951, as duly elected at an election in the case of Prime Minister or, as the ca.se may be, an election in the case of Speaker,

4:j of 1H51,

(j) each of the expressions defined in the Representation of the People Act, ]951, but not defined in this Act shall have the same meaning ay in 1hat Act,

CHAPTER II

AUTHORITIES FOR DISPUTED ELECTIONS

3. No election shall be called m question except by a petition presented

in accordance with the provisions of this Act.

Petitions in res- pect of disputed elections.

Authority to try a petition.

4. (1) Every petition shall be tried by an Authority, constituted for the purpose by the Central Government by notification in the Offlrfal Gazette.

(2) The Authority shall consist of a single member, who is a Judge of he Supreme Cour, to be nominated In this behalf by the Chief Justice of India.

(3) If for any reason a vacancy occurs in the office of member afore- said, the Chief Justice shall, as soon as practicable, nominate a person to fill the vacancy, and thereupon the trial of the petition shall be continu- ed as if that member had been the Authority from the commencement of the trial of such petition'

Provided that the Authority may, if it thinks fit, recall and re-

examine any of the witnesses alreadv examined.

CHAPTER III

P R K S E N T A T I ON OP PETITIONS IN RESPECT OF TUSPtTTED ELECWON':!

Presenta- tion ot petition.

43 of 1951.

5. (I) A petition calling in question any election may be presented 011 one or more of the grounds specified in sub-section (1) of section 100 and section 101 of the Representation of the People Act, 1951, to the Elec- tion Commission by any candidate at such elePtion or anY elector within

forty-five days Ifrom, but not earlier than, the date of election of the returned candidate, or if theie are more returned candidates than one at the election and the dates of their election are different, the last of those dates:

Provided that a petition calling in question the election of a person who does not hold the office of Prime Minister or, as the case may be, Speaker of the House of the People at the time of such election and who is appointed or chosen to that office after such election but before the expiry of the time for presenting such election petition, may be presen- ted within forty-five days from the date on which such person was appointed as the Prime Minister or chosen as the Speaker of the House of the People.

Explanation.—In this sub-section, "elector" means a person who was entitled to vote at the election to which the petition relates, whether he has voted at such election or not.

(2) A petition shall be deemed to have been presented to the Election Commission when it is delivered to the Election Commission or to such other officer as may be appointed by it in this behalf—

(a) by the person making the petition, or

(b) by a person authorised in writing in this behalf by the per- son making the petition.

(3) Every petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and one more copy for the use of the Election Commission, and every such copy shall be attested by the petitioner under his own signature to be a true copy oi the petition.

(4) At the time of presenting a petition, the petitioner shall deposit with the Election Commission in such manner as may be prescribed a sum of two thousand rupees as security for costs

(5) The Authority trying a petition may at any time during the course of the trial of the petition call upon the petitioner to give such further security for costs as it may direct.

(6) No person shall be entitled to be joined as a respondent to a peti- tion under sub-section (3) of section 10 unless he has given such security for costs as the Authority may direct.

6 A petitioner shall join as respondents to his petition—

Partles to the petition.

(a) where the petitioner, in addition to claiming a declarat'on that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and

(b) any other candidate against whom allegations of any corrupt practice are made in the petition.

7. (I) A petition—

(a) shall contain a concise statement of the material facts on

Content* of peti- tion.

which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

5 of 1908.

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings:

Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in suppoit of the allegation of such corrupt practice and the particulars thereof.

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

8. A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected

Relief that may be claim- ed by the petitioner.

9 (1) The Election Commission shall, as soon as may be after the receipt of a petition under section 5, forward it to the Authority for trying the petition.

Procedure on receiv- ing peti- tions.

(2) Whore more petitions than one have been received under sec- tion 5 in respect of the same election, the Election Commission shall forward them to the Authority and such Authority may, in its discre- tion, try them separately or in one or more groups.

CHAPTER IV

TRIAL OP PETITIONS

10. (1) Subject to any rules made In this behalf, the Authority for

the trial of any petition shall hold the trial at New Delhi.

Trial of petitions.

(2) The Authority shall dismiss the petition—

(a) i£ the petition has not been presented within the period specified in sub-section (1) of section 5;

(b) if the petition does not comply with the provisions of sub- section (3) or sub-section (4) of section 5 or section 6.

Explanation.—An order dismissing a petition under this sub-section shall be deemed to be an order made under clause (a) of section 16.

(3) Any candidate not already a respondent to a petition shall, upon application made by him to the Authority within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the Authority, be entitled to be joined as a respondent.

T HE G A Z E T TE OF I N D IA E X T r t A O H D J J S i A K^

[ P A HI

! ! - •*

I 02

Explanation.—t or the purposes of this sub-section and of section 15) the trial oi a petition shall be deemed to commence on the date fixed ior the respondents to appear before the Autnonty and answer the claim or claims made in the petition.

(4) The Authority may, upon buch terms as to costs and otherwise as it may deem lit, allow the paiticulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the peti- tion, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a conupt practice not previously alleged in the petition.

(5) The trial of a petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the Authority finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. . >" ^ t _>,,_;

(6) Every petition shall be tried as expeditiously as possible and en- deavour shall be made to conclude the trial within six months from the date of commencement of the trial.

11. (1) Subject to the provisions of this Act and of any rules made thereunder¹, every petition shall be tried by the Authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suit's.

r> of 1(JO8.

Proce- dure before the Authority,

Provided that the Authority shall have the discretion to refuse, for reasons to be recorded in wilting, to examine any witness or witnesses, if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.

(2) For the purposes of any such trial, the Authority shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—

5 of 1908.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) such other matters as may be prescribed.

1 of 1872 (3) The provisions of the Indian Evidence Act, 1872, shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of a petition.

43 of I860.

(4) Any proceeding before the Authonty shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code.

12. No witness or other person shall be required to state for whom he

has voted at an election.

Secrecy of voting not to be ln- tringed.

13. (1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of a petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:

Answer- ing of criminat- ing ques- tion and certifi- cate of indem- nity.

Provided that—

(a) a witness, who answers truly all questions which he is re- quired to answer shall be entitled to receive a certificate of indemnity from the Authority; and

(b) an answer given by a witness to a question put by or before the Authority shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.

43 of 1860. 43 of 1951.

(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code or Part VII of the Representation of the People Act, 1951, arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.

Expenses of wit- neases.

14. The reasonable expenses incurred by any person in attending to

give evidence before the Authority may be allowed by it to such person,

and shall, unless the Authority otherwise directs, be deemed to be part

of the costs.

Recrimi- nation when Beat claimed.

15. (1) When in a petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the elec- tion of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his elec- tion:

Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the Authority of his intention to do so and has also given the security and the further security referred to in sub-sections (4), (5) and (6) respectively of section S.

(2) Every notice referred to in sub-sectiorx (1) shall be accompanied by the statement and particulars required by section 7 in the case of a petition and shall be signed and verified in like manner.

16 At the conclusion of the trial of a petition the Authority shall make an order—

Decision of the Authority.

(a) dismissing the petition; or

(b) declaring the election of all or any of the returned candi- dates to be void; or

(c) declaring the election of all or any of the returned candi- dates to be void and the petitioner or any other candidate to have been duly elected.

17. (1) At the time of making an order under section 16, the Authority shall also make an order—

(a; where any charge is made in the petition of any corrupt practice having been committed at the election, recording—

Other orders to be made by the Authority.

(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice; and

{it) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and

(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:

Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless—

(a) he has been given notice to appear before the Authority and to show cause why he should not be so named; and

(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the Authority and has given evidence against him, of calling evidence in his defence and of being heard.

43 of 1951.

(2) In thia section and in section 18, the expression "agent" has the same meaning as in section 123 of the Representation of the People Act, 1951

18. (1) Subject to the provisions of sub-section (2), if the Authority is of opinion—

Grounds for dec- laring election to be void.

43 of 1951. 20 of 1983.

(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or the Representation of the People Act, 1951 or this Act or the Government of Union Territories Act, 1963; or

(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or

(c) that any nomination has been improperly rejected; or

(d) that the result of the election, in so far as it concerns the

returned candidate, has been materially affected—

(i) by the improper acceptance of any nomination, or

(ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent, or

(in) by the improper reception, refusal or rejection of any

vote or the reception of any vote which is void, or

(iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act,

the Authority shall declare the election of the returned candidate to be void.

(2) If in the opinion of the Authority a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the Authority is satisfied—

(a) that no such corrupt practice was committed at the elec- tion by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent;

(b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and¹

(c) that in all other respects the election was free from any

corrupt practice on the part of the candidate or any of his agents,

then the Authority may decide that the election of the returned candidate is not void

19. If any person who has Indeed a petition has, in addition to railing in question the election of the returned candidate, claimed a declara- tion that he himself or any other candidate has been duly elected and the Authority is of opinion—

(a) that in fact the petitioner or such other candidate received

a majority of the valid votes; or

(b) that but for the votes obtained bv the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes,

Grounds for which a candi- date other than the returned candi- date may ba declared to have been elected.

the Authoritv shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case mav be, to have been duly elected.

Communi- cation of orders of the Authority.

20 The Authoritv shall as soon as may be after the conclusion of the trial nf a petition, intima^p the substance of the decision to the Elec- tion Commission and the Speaker or the Chairman, as the cas*³ may he, of the House of Parliament and, as soon as may be thereafter shall sen.il to the Election Commission an authenticated copy of the decision.

Costs.

21 Cosh shall be in the discretion of the Authority-

Provided that where a petition 13 dismissed under clause (a) of section. 16, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the Authority shall make an order for costs in favour of the returned candidate.

22. No order made by an Authority under this Act shall be called

in question in any court.

Orders of Authority to be final.

23. (1) An order made by an Authority under this Act shall take

effect as soon as it is pronounced by the Authority,

Effect of orders of Authority,

(2) Where by an order under section 16 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a mem- ber of Parliament or, as the Prime Minister or ag the Speaker of the House of the People shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.

CHAPTER V

MISCELLANEOUS

43 of 1961.

With- drawal and abate- ment of petitions.

24. The provisions of sections 109 to 116 (both inclusive) of the Representation of the People Act, 1951, relating to Withdrawal and abatement of election petitions shall, so far as may be, apply in rela- tion to withdrawal and abatement of petitions under this Act subject to the modifications that the references therein to an election petition, High Court and petitioner shall be construed as references to a petition under this Act, the Authority for hearing such petition and the petitioner in respect of such petition respectively.

Payment of costa out of security deposits and return of BUch deposits.

25 (2) If in any order as to costs under the provisions of this Act there is a direction for payment of costs bv any party to anv person, such costs shall, if thev have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Act on an application made In writing in that behalf within a period of one year, from the date of such order to the Election Commission by the person in whose favour the costs have been awarded.

(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub- section, such balance, or where no costs have been awarded or no appli- cation as aforesaid has been made within the said period of one year, the whole of the said security deposits may, on an application made in that behalf in writing to the Election Commission bv the person bv whom the deposits have been made, or if such person dies after making such deposits, by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be

Execution Of orders as to costs,

26, Any order as to costs under the provisions of this Act may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business or where

such place is within a presidency-town before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure a3 if it were a decree for the payment of money made by itself in a suit:

Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (k) of section 25, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section.

27. (1) The Central Government may make rules for carrying out the purposes of this Act.

Power <*" make rule*.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —

(a) the deposit or further deposit to be made by the petitioner

as security for the costs:

(b) The appointment of officers and other employees for assisting

the Authorities In the discharge of their functions and the conditions

of service of such officers and other employees;

(c) the custody of deposits made under this Act, the pay- ment of costs out of such deposits on an application made under sec- tion 25 and other matters relating to the disposal of such applications;

(d) the fees, if any, payable in respect of any petition or applica- tion under this Act;

(c) any other matter which has to be prescribed by or provided for by rules made under this Act.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while It is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

28. (1) The Disputed Elections (Prime Minister and Speaker) Ordi-

nance, 1977, is hereby repealed.

*otlSM

Repeal

and

•aving.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding (provisions of this Act

STATEMENT OF OBJECTS AND REASONS

Article 329A of the Constitution makes special provisions m respect of the following elections: —

(a) election in the case of Prime Minister or Speaker, that is to say, election to either House of Parliament of a person, who holds the office of Prime Minister at the time of such election or who is appointed as Prime Minister after such election; and

(b) election in the case of Speaker, that is to say, election to the House of the People of a person, who holds the office of Speaker of that House at the time of such election or who is chosen as Speaker of that House after such election,

2. According to this article, an election in the case of Prime Minister or Speaker can be questioned only before such Authority [not being any such authonty as is referred to in clause (b) of article 329] or body and in such manner as may be provided for by or under any law made by Parliament. As the House of the People was dissolved on the 18th January, 1977 and, the Council of States was not in session, and general election for the purpose of constituting a new House of the People was to be held shortly, it became necessary to provide for the setting up of such Authority urgently. Hence, the Disputed Elections (Prime Minister and Speaker) Ordinance, 1977, was promulgated by the President on 3rd February, 1977

3. Government consider that tho above Ordinance should be enacted subject to the modification that the Authority for trying a petition, questioning an election in the case of Prime Minister or Speaker, shall consist of a smgle member, who is a Judge of the Supreme Court, to be nominated by the Chief Justice of India, and shall not be a Council consisting of nine members, as envisaged in the Ord'nancf\ The Bill provides for such an Authority and contains the necessary consequential modifications

4. The procedure to be fo¹ lowed by the Authority, the grounds i>n which the election may be called in question and other matters of detail relating to security for costs, reliefs that may Ye claimed by the petitionei, withdrawal and abatement of petitions, etc., are similar to those contained In the corresrxmding provisions of +h° Renresentation of the People Act, 1351 and do not make anv significant departure from the provisions of the Ordinance in that behalf

NEW DELHI;

SHANTI BHUSHAN

The 4th April, 1977.

S".c' 2 THk¹ GAZETTE OF IKDJA 'EXTHAOItt>W)AlfY 109

FINANCIAL MEMORANDUM?

Clause 4(1) oi the Bjil provides for the trial oi a petition m the case of Prime Minister 01 Speaker of the House of the People by the Authonty constituted Lc] the purpose by 1h-j CentiaJ Government. Clause 4(2) specifier that the AiUbojity shall consist of a single member, who is a Judge <-f the Supreme. COUIT, to be nominated in this fcehalf by the Chiei Justice oi India Clause 27 01 -ht Bill empowcis the Central Government to make rules niter ana to pro-ndc foj the appointment of officers and other employees for assisting the Authority in the discharge of its functions and the cnndjtimc ci ' ^ v i ce oi such officer!- and othei employees

2 The need foi the constr-unon r,i an Authority will arise Only if any petition JE presented in respect oi election in the case of Prime Minister or Speaker The Authoiily wiV r* an ad hoc body, constituted solely foi the disposaJ of the petition The Judge of the Supreme Court, who is nominated by the Chief Justice oi India as the Authority, will not draw any remuneration for his functioning as the Authority for trying the petition The expenditure towards salaries and allowances of the officers' and other employees, appointed for assisting the Authority, is likely to be about rupees thirty thousand (fis 30,000) for a period of six months, namely, the period within which the trial of petition is normally expected to conchide

3 According to clause 10 of the Bill, the Authority for the trial of a petition, has subject to any rules made ir this behalf, to hold the trial at New Delhi It may be necessary for the Authority to hold some of the sittings outside New Delhi in special crcumstances. In that event, some expenditure will be incurred on account of travelling allowance and daily allowance of some of the officers and staft assisting the Authority. It is not possible to make any fair estimate of such expenditure

4. Clause 14 of the Bill provides for expanses of witnesses to be allowed by the Authority. These expenses arc deemed rart of the costs, unless the Authority otherwise directs "When the Authority otherwise' directs, it will become necessary to incur some expenditure on this account. It is, however, not possible to envisage the amount of such expenditure.

5. Thp expenditure mentioned in the preceding paracranhs is of a recurring nature as the Authority has to be constituted whenever elections in the case of Prime Minister 01 in the case of Spfaker take place and petitions are presented in respect thereof In case it becomes necessary to constitute two separate Authorities to deal with the petitions in respect of election in the case of Prime Minister and Speaker, the expenditure to be incurred in pursuance of the provisions of this Bill wTl be nearly double.

6. No other expenditure, whether recurring or non-r^ou^nEf is

expected to be incurred consequent upon the enactment of the Bill.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10(1) lays down that subject to any rules made in this behalf, the Authority for trial of any petition shall hold the trial at New Delhi. Clause 11(1) provides that subject to the provisions of the Bill and of any rules made thereunder, every petition shall be tried by the Authority as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits.

Clause 27 enables the Central Government to make rules for carrying out the purposes of the Bill, and sub-clause (2) thereof enumerates certain matters for which such rules may be made.

The matters in respect of which rules may be made are matters of detail or procedure and as such the delegation of legislative power involved is of a normal character

Memorandum regarding modifications contained in the Bill to replace the

disputed elections (Prime Minister and Speaker) Ordinance, 1977.

Under section 4 of the Disputed] Elections (Prime Minister and Speaker) Ordinance, 1977, the Authority for the trial of petitions in respect of disputed elections in the case of Prime Minister and the Speaker of the House of the People consists of a Council of 9 members, whereas under clause 4 of the corresponding provisions in the Disputed Elections (Prime Minister and Speaker) Bill, 1977, the Authority consists of a single member who is ai Judge of the Supreme Court nominated by the Chief Justice of India The other changes in the draft Bill are of a consequential nature.

The provisions in the Bill relating to the procedure to be followed by the Authority, grounds on which the election may be called in question and other matters of detail like security for costs, reliefs that may be claimed by the petitioner, withdrawal and abatement of petition etc., are similar to those contained in the Ordinance and follow the corresponding provisions of the Representation of the People Act, 1951

S. L. SHAKDHEK,

Secretary-General

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NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1977