The Assam Municipal (Amendment) Act, 1935

ASSAM ACT IV  QF 1935.
TH E ASSAM M UNICIPAL (AMENDMENT)
An
Act further to amend the Assam M unicipal  
Act, 1923.
W hB RBa s it is expedient further to amend the AJ?m A c tI 01  
Assam Municipal Act, 1923 ; n< i,iO eo 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. 1 0 1 .
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.
A m e n d m e n t o f 2. The second proviso to section 13 of I o (
A «»m  Aot’ l  of Assam Municipal Act, 1923 (hereinafter referred 1 0 2 3 .
1 0 2 3 . to as the principal Act) shall be deleted.
After section 13 of the principal Act the
1 3 B  b? ’1 8 &  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.
p ro ced u re an d  “ 13B. (1) Where a petition has been filed 
E o id i”g ° o n q u irye. 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
 
 
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 :

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 ?'S F *1
I!e ! « o B »  “ 18E. If the Judge sets aside an election
X n n d e r  section 18C, he may, if he thinks fit, 
o o m iu it 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 
bere i» fo remoi ”it 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, 
rc
ht, » id ee!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.”
A m e n d m e n t ot 4. In sub-section 2 (i) of section 296 of the 
o f "  A « 2 im  A o t principal Act, for the words “determine the 
i o f 1 9 2 3 . 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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