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. These Rules may be called the Telangana
Municipalities (Election Petitions) Rules, 2020. 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. (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. (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. 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. 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. (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; (c)
shall
be signed by the petitioner and verified in the manner laid 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. 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 (c)
that
the election as a whole is void. (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. (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. 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). 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; (c)
compelling
the production of documents; (d)
examining
witness on oath; (e)
reception
of evidence taken on affidavit; (f)
issuing
commissions for examination of witnesses; and (g)
summon
and examine suo motu any person whose evidence appears to it to be material;. (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. No witness or other person shall be required
to state for whom he has voted at an election. 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. (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. (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. (b)
such
withdrawal shall be communicated by the Election Tribunal to all respondents. (1)
An
election petition shall abate only on the death of the petitioner or of the
petitioners. (2)
Where
an election petition abates under sub-rule (1), the Election Tribunal shall
cause the fact to be published on the District Gazette. 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. 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. (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 (c)
that
the result of the election has been materially affected by 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 (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; (c)
the
candidate and his election agent took all reasonable means for 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. 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. (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 (c)
ordering
a fresh election. (1)
The
order of the Election Tribunal under sub-rules (1) and (2) shall be final. (2)
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. (3)
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. 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. 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.TELANGANA MUNICIPALITIES (ELECTION
PETITIONS) RULES, 2020
PREAMBLE