REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 35] NEW DELHI, TUESDAY, JULY 5, 1977/ASADHA 14, 1899
Separate paging is given to this Part in order that it may be filed
an a separate compilation
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 5th July, 1977/Asadha 14, 1899 (Saka)
The following Act of Parliament received the assent of the Vice- President acting as President on the 5th July, 1977, and is hereby published for general information: —
THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS (AMENDMENT) ACT, 1977 No. 20 OF 1977
[5th July, 1977]
An Act further to amend the Presidential and Vice-Presidential
Elections Act, 1952
BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:—
Short
title.
1. This Act may be called the Presidential and Vice-Presidential Elections (Amendment) Act, 1977.
2. In the Presidential and Vice-Presidential Elections Act, 1952, for Part III, the following Part shall be substituted, namely:—
Substitu-
tion of
new Part
for Part
III of Act
31 of 1952.
PART III
DISPUTES REGARDING ELECTIONS
13. In this Part, unless the context otherwise requires,—
Defini-
tions.
(a) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election;
(185)
186 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II—(fa) "costs" means all costs, charges and expenses of, or inci-
dental to, a trial of an election petition;
(c) "returned candidate" means a candidate whose name has
been published under section 12 as duly elected.
14. (I) No election shall be called m question except by present- ing an election petition to the authority specified in sub-section (2). Authority •to try election petitions
(2) The authority having jurisdiction to try an election petition
shall be the Supreme Court.
(3) Every election petition shall be presented to such authority in accordance with the provisions of this Part and of the rules made by the Supreme Court under article 145.
Presenta- tion of petition.
14A. (1) An election petition calling m question an election may be presented on one or more of the grounds specified in sub- section (1) of section 18 and section 19, to the Supreme Court by any candidate at such election, or—
(i) in the case of Presidential election, by twenty or more
electors joined together as petitioners;
(ii) in the case of Vice-Presidential election, by ten or more
electors joined together as petitioners.
(2) Any such petition may be presented at any time after the date of publication of the declaration containing the name of the returned candidate at the election under section 12, but not later than thirty days from the date of such publication.
Form of petitions, etc, and procedure.
15. Subject to the provisions of this Part, rules made [whether before or after the commencement of the Presidential and Vice- Presidential Elections (Amendment) Act, 1977] by the Supreme Court under article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connec- tion therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substi- tuted, and may require security to be given for costs.
16. A petitioner may claim either of the following declarations: —
(a) that the election of the returned candidate is void;
(b) that the election of the returned candidate is void and Relief that may be claimed by the petitioner.
that he himself or any other candidate has been duly elected.
17. (1) At the conclusion of the trial of the election petition,
the Supreme Court shall make an order—
(a) dismissing the election petition; or
Order3 of the Supreme Court.
(b) declaring the election of the returned candidate to be
void; or
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 187(c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected.
(2) At the time of making an order under sub-sect^n (1), the Supreme Court shall also make an order fixing the totul amounL of costs payable and specifying the persons by and to whom tout's shall be paid
18. (2) If the Supreme Court is of op'nion,—
(a) that the offence of bribery or undue influence? at the election has been committed by the returned candidate or by any person with the consent of the returned candidate; or
Grounds ior declar- ing the election of a returned candidate to be void.
(b) that the result of the election has been materially
affected—
(i) by the improper reception or refusal of a vote, or
(li) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or
(ui) by reason of the fact that the nomination of any cand date (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or
(c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate h?<3 been wrongly accepted;
the Supreme Court shall declare the election of the returned candi- date to be void.
(2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IXA of the Indian Penal Code.
45 of 1860,
19. If any person who has lodged an election petition has, in addition to calling in question the election of the returned candi- date, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected:
Grounds for which a candi- date other than the re- turned candidate may be declared to have been elected.
Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candi- date and a petition had been presented calling in auction his election.
188 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II--SEC. 1]20. The Supreme Court shall, after announcing the orders made under section 17, send! a ©opy thereof to the Central Government, and on receipt of such copy the Central Government shall forthwith cause the order to be published in the Official Gazette.'.
Transmit slon of orders to the Central Govern- ment and ita publi- cation.
K. K. SUNDARAM,
Secy, to the Govt. of India.