Andhra Pradesh Farmers Management of Irrigation Systems (Election Tribunals in Respect of Water Users Associations, Distributory Committees and Project Committees) Rules, 1997

{
    "id": 14491,
    "slug": "andhra-pradesh-farmers-management-of-irrigation-systems-election-tribunals-in-respect-of-water-users-associations-distributory-committees-and-project-committees-rules-1997",
    "title": "Andhra Pradesh Farmers Management of Irrigation Systems (Election Tribunals in Respect of Water Users Associations, Distributory Committees and Project Committees) Rules, 1997",
    "short_title": "Andhra Pradesh Farmers Management of Irrigation Systems (Election Tribunals in Respect of Water Users Associations, Distributory Committees and Project Committees) Rules, 1997",
    "act_number": "",
    "act_year": 1997,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Farmers Management of Irrigation Systems (Election Tribunals in Respect of Water Users Associations, Distributory Committees and Project Committees) Rules, 1997",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, commencement and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"Act\" means the Andhra Pradesh Farmers' Management of Irrigation Systems Act, 1997.\n(2) \"Competent Authority\" means the officer appointed under Section 21 of the Act.\n(3) \"District Munsif, Subordinate Judge\" and \"District Judge mean the District Munsif, the Subordinate Judge and District Judge appointed under the Andhra Pradesh Civil Courts Act, 1972.\n(4) \"Election Authority\" means the Commissioner of the Command Area Development Authority, or any other Officer having jurisdiction specified in Rule 1 of the Election Manual appended to the Andhra Pradesh Farmers' Management of Irrigation Systems Rules, 1997.\n(5) \"Rules\" and the \"Election Manual\" shall mean the Andhra Pradesh Farmers' Management of Irrigation Systems Rules, 1997 and the Election Manual appended thereto respectively.\n(6) The words and expressions used but not defined in these rules shall have the respective meanings assigned to them in the Act.\nPart 2\nPart",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Settlement of Election disputes; and limitation for presentation of Election Petition.",
            "chapter": null,
            "content": "(a) the District Munsif, if there is more than one District Munsif, the Principal District Munsif, having territorial Jurisdiction over the place in which the office of the water users association is located, in respect of the election of members of the managing committee and president of the water users associations.\n(b) the Sub-ordinate Judge or if there is more than one Subordinate Judge, the Principal Sub-ordinate Judge, having territorial Jurisdiction over the place in which the office of the distributory committee is located in respect of the election disputes and matters pertaining to the election of members of the managing committee and president of the distributory committee.\n(c) the Principal District Judge having territorial jurisdiction over the place in which the office of the project committee is located in respect of the election disputes and matters pertaining to the election of members of the Managing Committee and Chairman of the Project Committee.\n(ii) The petition shall contain a statement in concise form, the material facts on which the petitioner relies and the particulars of any election offences which he alleges and shall, where necessary, be divided into paragraphs numbered consecutively. It shall be signed by the petitioner and verified in the manner prescribed for the verification of pleadings in the Code of Civil Procedure, 1908.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Joinder of Parties.",
            "chapter": null,
            "content": "(ii) The petitioner may, if he so desires, in addition to calling in question the election of the returned candidates or of all or any of the returned candidates, as the case may be, claim a declaration that he himself or any other candidate has been duly elected, in which case he shall join as respondents to his petition all other candidates who were nominated for the election but who had not withdrawn before the polling.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Security Deposit.",
            "chapter": null,
            "content": "(ii) If the provisions of sub-rule (1) are not complied with, the Election Tribunal shall dismiss the petition.\n(iii) Upon compliance with the provisions of sub-rule (1), the Election Tribunal shall proceed to enquire into the petition.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Copies of the petition to be served.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Election Tribunal to enquire.",
            "chapter": null,
            "content": "(ii) The Election Tribunal shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908 when trying a suit, in respect of the following matters; namely:\n(a) discovery and inspection;\n(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;\n(c) compelling the production of documents;\n(d) examining witnesses on oath;\n(e) reception of evidence taken on affidavit; and\n(f) issuing commissions for examination of witnesses, and summons to examine witnesses suo moto whose evidence appears to be material.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Withdrawal of Election Petition.",
            "chapter": null,
            "content": "(ii) If there are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners.\n(iii) When an application for withdrawal is made, notice thereof fixing a date for hearing of the application shall be given to all other parties to the petition and shall be published in the manner specified in Rule 6.\n(iv) No application for withdrawal shall be granted if the Election Tribunal is of the opinion that such application has been induced by any bargain or consideration which, they consider, ought not to be allowed.\n(v) If the application is granted:\n(a) the petitioner shall be ordered to pay the costs of the respondents incurred or such portion thereof as the Election Tribunal may think fit; and\n(b) Such withdrawal shall be communicated to the competent authority concerned with the water users association, distributory committee or the project committee, as the case may be, and to the Election Authority concerned by the Election Tribunal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Execution of the order of costs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Abatement of election petition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Returned Candidate to prove.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Election Offences.",
            "chapter": null,
            "content": "(a) that on the date of his election, a Returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Act; or\n(b) that any election offence as defined in Chapter IX-A of the Indian Penal Code, 1860 has been committed by a Returned candidate or his election agent or by any other person with consent of the Returned Candidate or his election agent; or\n(c) that any nomination has been improperly rejected; or\n(d) that the result of the election, in so far as it concerns a Returned Candidate has been materially affected:\n(i) by the improper acceptance of any nomination; or\n(ii) by any election offence committed in the interest of the returned Candidate by an agent other than his election agent, with the connivance of the Returned Candidate; or\n(iii) by the improper reception, refusal or rejection of any vote, or the reception of any vote which is void; or\n(iv) by any non compliance with the provisions of the Act, or any rules or orders made under the Act; the Election Tribunal shall declare the election of the Returned Candidate to be void.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Petitioner to prove his election.",
            "chapter": null,
            "content": "(a) that in fact, the petitioner or such other candidate, received the majority of the valid votes, or\n(b) that, but for the votes obtained by the returned candidate, by election offences, the petitioner or such other candidate would have obtained a majority of the valid votes; the Election Tribunal shall after declaring the election of the Returned Candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Disqualification for voting.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Declaration by the Tribunal.",
            "chapter": null,
            "content": "(ii) If he declares the election of the Returned Candidate or Candidates void he shall further pass an order either;\n(a) declaring that any other party to the petition who has under these rules claimed the seat has been duly elected; or\n(b) order a fresh election.\n(iii) The order of the Election Tribunal under sub-rules (i) and (ii) shall be final.\n(iv) A copy of every order under sub-rule (i) or sub-rule (ii) shall be communicated to the competent authority of the water users association, the distributory committee and the project committee as the case may be, and the concerned Election Authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        }
    ],
    "metadata": {
        "Act ID": "ap110",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "1997",
        "Short Title": "Andhra Pradesh Farmers Management of Irrigation Systems (Election Tribunals in Respect of Water Users Associations, Distributory Committees and Project Committees) Rules, 1997",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}