RULES SUPPLEMENT TO PART - I

EXTRAORDINARY

THE TELANGANA GAZETTE

PUBLISHED BY AUTHORITY

No. 03] HYDERABAD, TUESDAY, FEBRUARY 11, 2020.

NOTIFICATIONS BY GOVERNMENT

––x––

MUNICIPAL ADMINISTRATION & URBAN

DEVELOPMENT DEPARTMENT

(MA)

THE TELANGANA MUNICIPALITIES (ELECTION PETITIONS)

RULES, 2020.

[G.O.Ms.No.30, Municipal Administration & Urban Development

(MA), 11^thFebruary, 2020.]

In exercise of the powers conferred by sub section (1) of Section 238

read with section 233 of Telangana Municipalities Act, 2019 (Act No.11 of

2019) and in supersession of the Telangana Municipalities (Decision of

Election Disputes) Rules, 1967 issued in G.O.Ms.No.1118, Municipal

Administration dated: 17.8.1967 and as amended from time to time, the

Governor of Telangana, hereby makes the following Rules relating to disposal

of election petitions for any election held under the said Act.

G-840.

R.N.I.No.TELMUL/2016/73158.

[ Price: `.12-00.

12SE No.1051/2020-22.

[ 1 ]

TELANGANA GAZETTE EXTRAORDINARY [ Part-I

Short title: These Rules may be called the Telangana Municipalities

(Election Petitions) Rules, 2020.

Definitions: In these Rules, unless the context otherwise requires--

(i)

“Act” means the Telangana Municipalities Act, 2019

(Telangana Act No.11 of 2019);

(ii)

“Chairperson” and “Vice- chairperson” means –

(a) in relation to a Municipal Council, the Chairperson and

Vice- Chairperson respectively, and

(b) in relation to a Municipal Corporation, the Mayor and the

Deputy Mayor respectively;

(iii)

“Corporation” means the Municipal Corporation constituted

under section 3 of the Act;

(iv)

“Council” means the Municipal Council constituted under

section 3 of the Act;

(v)

“Election Authority” means such officer or authority as may

be appointed by the State Election Commission under the

Act;

(vi)

“Municipality” means institutions of self-government

constituted under article 243Q of the Constitution of India

and includes a Municipal Corporation and a Municipal

Council as declared and notified under the provisions of the

Act and the expression Municipality shall be construed as

Municipal Council and Municipal Corporation wherever the

context so requires and unless provided otherwise under

the Act.

February 11, 2020] RULES SUPPLEMENT

(vii)

“Returning Officer” means an officer designated by the

State Election Commission and as defined under clause

(77) of section 2 of the Act;

(viii)

“Section” means a section of the Act; and

(ix)

Words and expressions used but not defined in these rules

shall have the meanings respectively assigned to them in

the Act.

Election Petitions: (1) Save as otherwise provided, no election held

under the Act whether of a Ward Member, Chairperson, Vice-Chairperson,

Mayor or Deputy Mayor shall be called in question except by an election

petition presented in accordance with these rules to an Election Tribunal as

referred in section 233 of the Act and further referred in rule ( 4) by any person

or elector against the candidate who has been declared to have been duly

elected (hereinafter called the returned candidate) or if there are two or more

returned candidates against all such candidates.

(2)

The election petition shall be presented within 30 days from the date of

declaration of the result of the election.

(3)

If the Election Tribunal is closed on the last of the thirtieth day referred to

in sub-rule (2), the petition may be presented to the Election Tribunal on the

next day of the opening of the Tribunal:

Provided that the Election Tribunal may condone the delay if sufficient

reasons are adduced by the petitioner. However, the condonation of delay is

limited to 15 days.

Election Tribunal: The Election Tribunal shall be

(a) the District Judge having territorial jurisdiction over the municipal

area, or

(b) if there are more than one such District Judge, the Principal

District Judge of the District.

Parties to the Petition: A petitioner may add as respondents to his

petition:-

(a) where the petitioner claims a declaration under Rule 7 , all the

contesting candidates ; and

(b) Any other candidate(s) against whom allegations of any corrupt or

illegal practices are made.

TELANGANA GAZETTE EXTRAORDINARY [ Part-I

Relief that may be claimed by the Petitioner: A petitioner may claim

any 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 that he

himself or any other candidate has been duly elected, and in such

case he shall add as respondents to his petition all other

candidates who were nominated for the election but had not

withdrawn before the poll; and

Deposit of Security: (1) At the time of presentation of the petition, the

petitioner shall deposit with the Election Tribunal, as security for the cost of the

same,-

(i) a sum of ten thousand rupees in the case of election of Chair person

or Vice Chairperson or Mayor or Deputy Mayor; and

(ii) a sum of five thousand rupees in the case of ward member.

Explanation: Where the election of more than one returned candidate is called

in question, a separate deposit shall be made in respect of each such returned

candidate.

(2) If the provisions of sub-rule (1) are not complied with, the Election Tribunal

shall dismiss the petition.

(3) Upon compliance with the provisions of sub-rule (1), the Election Tribunal

shall proceed to inquire into the petition.

Contents of the petition: (1) An election petition,-

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

the petitioner relies;

(b) shall set forth full particulars of corrupt practices that the petitioner

alleges, including as full a statement as possible of the names of

persons alleged to have committed such corrupt practice and the

date and place of the commission of each such practice and shall

where necessary, be divided into paragraphs and numbered

consecutively;

down in the Code of Civil Procedure, 1908 for verification of

pleadings.

(2) Any schedule or annexure to the petition shall also be signed by the

petitioner and verified in the same manner as the petition.

February 11, 2020] RULES SUPPLEMENT

Provided that the Election Tribunal shall have the discretion to refuse, for

reasons to be recorded in writing, to examine any witness if it is of the opinion

that his evidence is not material for the decision of the petition or that the party

tendering such evidence is doing so on frivolous grounds or with a view to delay

the proceedings.

(3) The provisions of Indian Evidence Act, 1872, shall subject to the provisions

of these rules be deemed to apply in all respects to the trial of an election

petition.

(4) The Election Tribunal shall dismiss an election petition which does not

comply with these rules:

Provided that any candidate not included as a respondent shall upon an

application made to the Election Tribunal within fourteen days after affixture of

the petition on the notice board of the Election Tribunal as referred in sub-rule

(1) shall be entitled to be added as a respondent on furnishing the security

deposit referred in rule (8).

Procedure before the Election Tribunal: (1) The Election Tribunal

shall, as soon as may be, cause a copy of the petition to be served on each

respondent and the Returning Officer appointed at the time of such election and

the District Election Authority. Copies shall also be affixed on the notice boards

of the Election Tribunal and of the concerned municipal office. Every election

petition shall be inquired into by the Election Tribunal as nearly as may be in

accordance with the procedure applicable to the trial of suits under the Code of

Civil Procedure, 1908.

(2) It shall be necessary for the Election Tribunal to make a memorandum of the

substances of the evidence of any witness examined by it.

10.

Power Of Election Tribunal - The Election Tribunal shall have the

powers which are vested in a court under the Code of Civil Procedure, 1908 and

shall be deemed to be a civil court while trying a suit in respect of the following

matters:-

(a) discovery and inspection;

(b) enforcing the attendance of witnesses and requiring the petitioner for

deposit of their expenses;

(d) examining witness on oath;

(e) reception of evidence taken on affidavit;

TELANGANA GAZETTE EXTRAORDINARY [ Part-I

(f) issuing commissions for examination of witnesses; and

(g) summon and examine suo motu any person whose evidence appears

to it to be material;.

11.

Documentary Evidence: (1) Notwithstanding anything contained in any

enactment to the contrary, no document shall be inadmissible in evidence at the

trial of an election petition on the ground that it is not duly stamped or registered.

12.

Secrecy of voting not to be infringed: No witness or other person

shall be required to state for whom he has voted at an election.

13.

Expenses of the witness: The reasonable expenses incurred by any

person in attending to give evidence may be allowed by the Election Tribunal,

and shall, unless the Election Tribunal otherwise directs be deemed to be part of

the costs.

14.

Attendance of Law Officers: (1) The Election Tribunal may require the

Government Pleader incharge of Municipal Administration or any advocate

authorized by the Government or person acting under their instructions to attend

at the trial.

(2) The said Government Pleader or the advocate authorized by the

Government or person acting under their instructions, shall when so required,

attend at the trial and shall take such part therein as the Election Tribunal may

direct.

15.

Withdrawal of Election Petition: (1) No election petition shall be

withdrawn without, the leave of the Election Tribunal.

(2) If there are more petitioners than one, no application to withdraw a petition

shall be made except with the consent of all petitioners.

(3) When an application for withdrawal is made, notice thereof fixing a date for

the hearing of the application shall be given to all other parties to the petition

and shall be published in the manner specified in Rule 9.

(4) If the application is granted

(a) the petitioner shall be ordered to pay the cost of the respondent

therefor incurred or such portion thereof as the Election Tribunal may

think fit, and.

February 11, 2020] RULES SUPPLEMENT

(2) Where an election petition abates under sub-rule (1), the Election Tribunal

shall cause the fact to be published on the District Gazette.

17. Substitution on death of petitioner : After a notice of abatement of an

election petition is published under Rule 16, any person who might himself

have been a petitioner may within fourteen days of such publication, apply to the

Election Tribunal to substitute him as petitioner; and upon compliance with the

remittance of security deposit referred in Rule 8, he shall be entitled to be so

substituted and continued in the proceedings upon such terms as the Election

Tribunal may order.

18.

Abatement of substitution on death of Respondent: If before the

conclusion of the trial of an election petition, the sole respondent dies or gives

notice that he does not intend to oppose the petition, or any of the respondents

dies or gives such notice and there is no other respondent who is opposing the

petition, the Election Tribunal shall cause notice of such event to be published in

the District Gazette; and thereupon any person who might have been a

respondent may within fourteen days of such publication apply to be substituted

in place of such respondent, oppose the petitions and shall be entitled to

continue the proceedings upon such terms as the Election Tribunal may order.

(b) such withdrawal shall be communicated by the Election Tribunal to all

respondents.

16. Abatement of Election Petition: (1) An election petition shall abate only on

the death of the petitioner or of the petitioners.

19.

Grounds for declaring election to be void: (1) If the Election Tribunal is

of the opinion that the election has not been a free election by reason that

bribery, undue influence or group intimidation has extensively prevailed at the

election, it shall declare the election as a whole to be void.

(2) Subject to the provisions of sub-rule (3) of this rule, if the Election Tribunal is

of the opinion,-

(a) that the election of a returned candidate has been procured or

induced or the result of the election has been materially affected by any

corrupt practice; or

(b) that any corrupt practice has been committed by a returned candidate

or his agent or by any other person with the connivance of a returned

candidate or his agent; or

improper reception or refusal of a vote or by the reception of any vote

which is void, or by non-compliance with any provisions of the

Constitution of India or of the Act or of any rules or orders made under

these rules or any other rules relating to elections, or by any mistake in

the use of any prescribed form; or

TELANGANA GAZETTE EXTRAORDINARY [ Part-I

(d) that on the date of his election, a returned candidate was disqualified

to be elected as a member under the Act;

the Election Tribunal shall declare the election of the returned candidate or

candidates to be void.

(3) If in the opinion of the Election Tribunal, a returned candidate has been

guilty by an agent other than his election agent, of any corrupt practice specified

under section 205 of the Act, but the Election Tribunal is satisfied that -

(a) no such corrupt practice was committed at such election by the

candidate or his election agent, and every such corrupt practice was

committed contrary to the orders and without the sanction or connivance

of the candidate or his election agent;

(b) all such corrupt practices committed were of trivial and limited

character or took the form of customary hospitality which did not affect

the result of the election;

preventing the commission of corrupt practices at the election; and

(d) in all other respects the election was free from any corrupt practice on

the part of such candidate or of his election agent;

the Election Tribunal may decide that the election of the returned candidate is

not void.

20.

Grounds for which a candidate other than the returned candidate

may be declared to have been elected: If any person who has filed a petition

has, in addition to calling in question the election of the returned candidate,

claims a declaration that he himself or any other candidate has been duly

elected and the Election Tribunal 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 by the returned candidate by corrupt

practices, the petitioner or such other candidate would have obtained

a majority of the valid votes;

the Election Tribunal 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.

February 11, 2020] RULES SUPPLEMENT

21.

Election when declared as void: (1) The Election Tribunal shall as far

as possible within fourteen days of the conclusion of the enquiry, by order

declare whether the election of the returned candidate or candidates is void

under Rule 19.

(2) If the Election Tribunal declares that, the election of the returned candidate

or candidates as void, it shall further pass an order, either-

(a) declaring the petitioner or any other candidate as duly elected; or

(b) ordering a fresh election.

(3) The order of the Election Tribunal under sub-rules (1) and (2) shall be final.

(4) A copy of every order under sub-rule (1) or sub-rule (2) shall be

communicated to the Commissioner, the Returning Officer and the District

Election Authority.

(5) When an election is declared void under sub-rule (1) and a fresh election is

ordered under clause (b) of sub-rule (2), the seat of the returned candidate or

the seats of the returned candidates, as the case may be, shall be deemed to be

vacant from the date of order of the Election Tribunal and the authority

concerned shall forthwith take necessary steps for holding fresh election of the

vacant seat.

22.

Appeal against order of the Election Tribunal:- An appeal from an

order passed by Election Tribunal shall lie to the High Court:

Provided that it is filed within thirty (30) days from the date of order of the

Election Tribunal.

23. Orders of the Election Tribunal to be final: Every order of the Election

Tribunal made under these rules, and unless an appeal is preferred there from

to the High Court under rule 22, shall be final and conclusive.

ARVIND KUMAR,

Principal Secretary to Government.

Printed and Published by the Commissioner of Printing, Govt. of Telangana,

at Govt. Central Press, Chanchalguda, Hyderabad.