Section 14 of The Manipur (Hill Areas) District Councils Act, 1971 in hindi — Disputes as to elections

Bare section text

Official Legislative Text

(1)No election of a member shall be called in question except by an election petition presented to the court of the District Judge having jurisdiction in the area in which the constituency concerned is situated, within thirty days from the date of the notification of the result of the election under section 12.
(2)An election petition calling in question any such election may be presented on one or more of the grounds specified in section 16 by any candidate at such election or by any elector of the constituency.
(3)A petitioner shall join as respondents to his petition all the candidates at the election.
(4)An election petition—
1. (a)shall contain a concise statement of the material facts on which the petitioner relies;
2. (b)shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and
3. (c)shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings.

Educational Study Layer

Summary

An election can only be challenged by presenting an election petition to the court of the District Judge for that area.
The deadline to file this petition is thirty days from the date the election result is officially notified under Section 12.
The petition can be filed by any candidate who ran in the election or by any voter from that specific constituency.
The person filing the petition must name all the other candidates from that election as respondents in the case.
The petition must state the material facts and specific grounds for the challenge, based on Section 16.
The document must be signed and verified following the rules of the Code of Civil Procedure, 1908.

Practical examples

1Anil, a registered voter in the Senapati district, suspects fraud in the recent council election. He files an election petition with the local District Judge 20 days after the results are published, naming all five people who ran for the seat as respondents.

2Priya loses her election and wants to challenge the result. She writes a petition clearly stating her grounds and the material facts, signs it, and verifies it exactly as she would for a regular civil lawsuit under the Code of Civil Procedure.

FAQ

1. Who has the right to challenge an election result?

Any candidate who contested the election or any elector belonging to that constituency.

2. How much time do I have to file a challenge?

You have exactly thirty days from the date the election results are notified.

3. Which court handles these election disputes?

The court of the District Judge that has jurisdiction over the area where the constituency is located.

4. Can I just sue the winning candidate?

No, the law requires you to join all the candidates who ran in that election as respondents to your petition.

Practice Quiz

Q1.Under Section 14 of The Manipur (Hill Areas) District Councils Act, 1971, what is the strict time limit for presenting an election petition to the court of the District Judge?

Q2.Under Section 14 of The Manipur (Hill Areas) District Councils Act, 1971, an election petition can be presented on specific grounds. Based on the cross-reference to Section 16, which of the following is a valid ground that a voter can use to file this petition?

Q3.Under Section 14 of The Manipur (Hill Areas) District Councils Act, 1971, if a defeated candidate files an election petition, who must they join as respondents to the petition?

Q4.Under Section 14 of The Manipur (Hill Areas) District Councils Act, 1971, how must the person filing the election petition verify the document?

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