State Act

48

Section 48. Electoral offences

THE UTTAR PRADESH MUNICIPAL CORPORATION ACT, 1959

Act no. 2 of 19591959In forceUttarakhand (State Act)

48- [(1) The provisions of sections 125, 126,127, 127-A, 128,129, 130, 131, 132, 134, 134-A, 135, [135-A]10 and 136 of Chapter III of Part VII of the- Representation of the People Act, 1951 shall have effect as if- (a) the reference therein to an election were a reference to an election held under this Act; (b) for the word ‘constituency’ the word 'ward' had been substituted; (bb) in section 127-A in sub-section (2) in clause (b), in sub-clause (i), for the words the Chief Electoral Officer the words the [“Chief Election Officer (Urban Local Bodies)”]9 had been substituted; (c) in sections 134 and 136 for the words by or under this Act the words by or under the Uttar Pradesh [Municipal Corporation Act,]7 1959 had been substituted;]3 (2) If the [“Chief Election Officer (Urban Local Bodies)”]9 has reason to believe that any offence punishable under section 129 or 134 [or 134-A]4 under clause (a) of sub-section (2) of section 136 of the said chapter has been committed in reference to any election to a [Corporation]6 he may cause such enquiries to be made and such prosecutions to be instituted as the, circumstances of the case may appear to him to require. (3) No court shall take cognizance of any offence punishable under section 129 or under section 134 [or under section 134-A]5 or under clause (a) of sub-section (2) of section 136 unless there is a complaint made by order of or under authority from the [“Chief Election Officer (Urban Local Bodies)”]9 .