The Assam Municipal (Amendment) Act, 1935
# ASSAM ACT IV QF 1935.

THE ASSAM MUNICIPAL (AMENDMENT)

_An_

_Act further to amend the Assam M unicipal_

_Act, 1923._

W hBRBas it is expedient further to amend the [A]J?[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

It 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 Io (

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_


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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 :


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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*1I[!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

ber[e] 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 eiec^ 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


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