The Assam Municipal (Amendment) Act, 1935

ASSAM ACT IV QF 1935. TH E ASSAM M UNICIPAL (AMENDMENT) An Act further to amend the Assam M unicipal Act, 1923. W hBRBas it is expedient further to amend the AJ?m A c tI 01 Assam Municipal Act, 1923 ; n<i,iOeo v And where is the previous sanction of the « °n<t 7 Governor General has been obtained under sub- section (3) of section 80A of the Government of g«o- v. 101. io ¥ India Act to the passing of this Act I t is hereby enacted a» follows :— short title. 1. This Act may be called the Assam Municipal (Amendment) Act, 1935. Amendment of 2. The second proviso to section 13 of I o ( A «»m Aot’ l of Assam Municipal Act, 1923 (hereinafter referred 1023. 1023. to as the principal Act) shall be deleted. After section 13 of the principal Act the 13B b? ’18& following sections shall be inserted, namely : — Proceedings to “ 13A. If the validity of any election of a member is brought in question by an unsuccessful candidate or person qualified to vote at the election to which such question refers, such person may, at any time within twenfy-one days after the date of the declaration of the result of the election, file a petition in the prescribed manner before the Distiict Judge of the district within which the election has been or should have been held and in the ease of the Shillong Munfeipality to the Judge, Assam Valley Districts, and shall at the same time deposit fifty rupees in Court as security for the costs likely to be incurred : Provided that the validity of such election shall not be questioned in any such petition— (a) on the ground that the name of any person qualified to vote has been omitted from the electoial roll; or (bj on the ground that the name of any person not qualified to vote has been inserted in the electoral roll. procedure and “ 13B. (1) Where a petition has been filed Eoidi”g°onquirye. under section 13 \ the District Judge, or any judicial officer subordinate to him and not below the rank of a Subordinate Judge other than an officer exercising the powers of a Subordinate Price Id . English.] [Indian anna 1 Judge ej--officio (hereinafter referred to in this chapter as the .Judge) to whom the District Judge may transfer tl e petition, may after holding such inquiry as he deems necessary, in accordance with the prescribed procedure and subject to the provisions of sections 13C and 13D, pass an order con tinning or amending the declared result of the election or setting the election aside. (2) For the purposes of the said inquiry the Judge may summon and enforce the attendance of witnesses and compel th. m to give evidence as if he w re a Civil Court, and may also direct by whom the whole or any part of the costs of such inquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procelure, 1908. (3) The Judge may. at any stage of the proceedings, require the petitioner to deposit in Court a further sum as the costs incurred or likely to be incurred by any respondent, or to give security, or further security, for the payment of the same, and if, within the time fixed by him, or within such furtbei time as he may allow, such costs are not deposited or such further security is not furnished, as the case may be, may dismiss the petition. (4) An appeal shall lie to the District Judge from any decision or order of a .Subordinate Judge, and a decision or order of the District Judge, either when he has himself made the enquiry or on appeal, shall be final. i “ 13C. The Judge, if he is satisfied that the election ought to be set aside for any reasons for which an election might be rendered void under the Assam Electoral Rules, shall set aside the election, and if the election is set aside for any cause which is the result of acts of a candidate or his agents may declare that candidate to be disqualified for t.he purpose of such fresh election as may be held under section 13G. “ 13D. If, in any case to which section 13C does not apply, the validity of an election is in dispute between two or more candidates, the Judge shall, after scrutiny and computation of the votes recorded in favour of each such candi­ date, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected : Provided that for the purpose of such com­ putation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was com­ mitted by any person, known or unknown, in giving or obtaining it. «to?'SF*1 I!e!«oB» “ 18E. If the Judge sets aside an election X n n d e r section 18C, he may, if he thinks fit, oomiuit corrupt declare any person by whom a corrupt practice has practices. • i • • • i . . , •. ,ip his opinion been committed to be disqualified from being a candidate for election in that or any other municipality for a period not exceeding five years, from the date of decision, and the Judge's decision shall be final : Provided, however, that the Local Government may, by order at any time, remove such disqualifi­ cation. Saving of acts “ 13F. Where a candidate, who has been elected bere i»foremoi”i t o )̂ 0 a member, is declared by the Judge not to ^1de°u ** s e * have been duly elected, acts done by him in execution of the offioe before the time when the decision is communicated to the Board shall not be invalidated by reason of that declaration. Fre.h (lection “ 13G. If an election is set aside by tip Judge, rcht, » idee!6Cl,on a d a t e shall forthwith be fixed and the necessary steps taken for holding a fresh election for fill­ ing up the vacancy, as though it had been a .casual vacancy. Bar to inter- “ 18H. No election of a member shall be called coinucc in eieĉ in question in any Court except under the pro- tion matter., ^dure provided by this Act, and no order passed in any proceeding under sections ISA to 13E (both inclusive), shall be called in question in any Court and no Court shall grant an injunction— fi) to postpone an election, or (iij to prohibit a person, declared to have been duly elected under this Act, from taking part in the proceedings of a Municipal Board of which he has been elected a member, or to prohibit the members formally elected or appointed to a Municipal Board from entering upon their duties.” Amendment ot 4. In sub-section 2 (i) of section 296 of the of" A«2im Aot principal Act, for the words “determine the i of 1923. authority who shall decide disputes relating to suoh elections” the words “regulate and deter­ mine the procedure to be followed by a Judge in inquiring into election petitions” shall be substituted. A. G. P. (Leg.) No. 191—725+725-15-1-1936 scan0001 scan0002 scan0003