Indian Bare Acts



Year : 1977

The provisions of sections 109 to 116 (both inclusive) of the Representation of the People Act, 1951 (43 of 1951.), relating to withdrawal and abatement of election petitions shall, so far as may be, apply in relation 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 petitioner under this Act, the Authority for hearing such petition and the petitioner in respect of such petition respectively.

(1) If in any order as to costs under the provisions of this Act there is a direction for payment of costs by any party to any person, such costs shall, if they 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 deposit 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 applications as aforesaid has been made within the sand 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 by the person by 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.

Any order as to costs under the provisions of this Act may be produced before the principal civil court or 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 as if it were a decree for the payment of money made by itself in a suit:

that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) 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 owning to the insufficiency of the amount of the security deposits referred to in that sub-section.

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

(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 deposit made under this Act, the payment of costs out of such deposits on an application made under section 25 and other matters relating to the disposal of such applications;

(d) The fees, if any, payable in respect of any petition or application under this Act;

(e) 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.

(1) The Disputed Elections (Prime Minister and speaker) Ordinance, 1977, (4 of 1977) is hereby repealed.

(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.

Last updated on July, 2016

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