Disputed Elections (Prime Minister and Speaker) Act,1977
Act No : 16
Section :
Presentation of petition.
5. Presentation of petition. (1) A petition palling in question any election may be presented on one or more of the grounds specified in sub-section (1) of section 100 and section 101 of the Representation of the People Act, 1951, (43 of 1951) to the Election Commission by any candidate at such election or any elector within fortyfive days from, but not earlier than, the date of election of the returned candidate, or if there ire more returned candidates than one at the election and the dates of their election are different, the last of those dates: Provided that a petition calling in question the election of a person who does not hold the office of Prime Minister or, as the case may be, Speaker of the House of the People at the time of such election and who is appointed or chosen to that office after such election but before the expiry of the time for presenting such election petition, may be presented within forty- 183 five days from the date on which such person was appointed as the Prime Minister or chosen as the Speaker of the House of the People. Explanation.-In this sub-section, "elector" means a person who was entitled to vote at the election to which the petition relates, whether he has voted at such election or not. (2) A petition shall be deemed to have been presented to the Election Commission when it is delivered to the Election Commission or to such other officer as may be appointed by it in this behalf- (a) by the person making the petition, or (b) by a person authorised in writing in this behalf by the person making the petition. (3) Every petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and one more copy for the use of the Election Commission, and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. (4) At the time of presenting a petition, the petitioner shall deposit with the Election Commission in such manner as may be prescribed a sum of two thousand rupees as security for costs. (5) The Authority trying a petition may at any time during the course of the trial of the petition call upon petitioner to give such further security for costs as it may direct. (6) No person shall be entitled to be joined as a respondent to a petition under sub-section (3) of section 10 unless he has given such security for costs as the Authority may direct.
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