State Act

The Mumbai Municipal Corporation Act.

33. Election petitions to be heard and disposed of by Chief Judge of the Small Cause Court.— (1) If the qualification of any person declared to be elected for being a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection 5[by the State Election Commissioner] of a nomination or of the improper reception or refusal of a vote, or for any other cause 6[or if the validity of the election of a person is questioned on the ground that he has committed a corrupt practice within the meaning of section 28F], any person enrolled in the municipal election roll may, at any time, within 7[ten days] 8[from the date on which the list prescribed under clause (k) of section 28 was available for sale or inspection 9[* * *] apply to the Chief Judge of the Small Cause Court. 10[If the application is for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all candidates who, although not declared elected, have, according to the results declared 11[by the State Election Commissioner] under section 32, a greater number of votes than the said candidate, and proceed against them in the same manner as against the said candidate.] 1[(1A) The applicant shall, whenever so required by the Chief Judge, deposit in the Court a sum of Rs. 500 in cash or Government securities of equivalent value at the market rate of the day as security for any costs which the applicant may be ordered to pay to other parties to the said application.] (2) If the said Chief Judge, after making such inquiry as he deems necessary, finds that the election was a valid election and that the person whose election is objected to is not disqualified, he shall confirm the declared result of the election. 2[If he finds that the person whose election is objected to is disqualified for being a councillor, he shall declare such person’s election null and void. If he finds that the election is not a valid election, he shall set it aside. In either case he shall direct that the candidate, if any, in whose favour the next highest number of valid votes is recorded after the said person 3[* * * * * * * * *], and against whose election no cause of objection is found, shall be deemed to have been elected.] 4[(2A) When an election of a person is questioned on the ground that he has committed a corrupt practice within the meaning of section 28F, the Chief Judge shall, if he is satisfied that a candidate has committed such corrupt practice, declare a candidate disqualified both for the purposes of that election and of such fresh election as may be held during the current term of office of the councillors elected at the general election and shall set aside the election of such candidate if he has been elected.] (3) The said Chief Judge’s order shall be conclusive. 5[* * * * * * * *] (5) Every election not called in question in accordance with the foregoing provisions shall be deemed to have been to all intents a good and valid election.