Section 125: Appeal against count

125. Appeal against count.—(1) A contesting candidate who is aggrieved by any proceedings relating to the count of votes may file an appeal challenging the count to the Commission. (2) An appeal under sub-section (1) may be filed by the candidate in person or through a person authorized in writing by the candidate in this behalf, within three days next following the date of the completion of the count of votes by the Returning Officer. (3) The appeal shall be addressed to the Commission and filed with the Secretary of the Commission. (4) The appeal shall be in the form of a memorandum which shall state the grounds for such appeal and shall be accompanied by copies of receipts to the effect that the appellant has served a copy of the appeal personally or by registered post to each contesting candidate. (5) The Commission may, after giving the parties an opportunity of being heard— (a) dismiss the appeal; or (b) determine the result of the election on the count of valid votes as corrected, after adjudicating upon the invalid votes, if any, and make such consequential order as may be necessary. (6) The decision of the Commission on appeal under sub-section (5) shall be final. (7) No question that can be settled in an appeal under this section shall be raised by an election petition or before any court or authority whatsoever, nor shall any question that can be raised by an election petition be raised before any court or authority other than the Election Tribunal.

Effective date: 2017-10-02

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