 mn disputed electi6w~:wrime minfsuilt r and speaj<e~) ·~l~j ~977_,'i  j i " ii'  chapter i preliminary clause1 short title and commencement 2 definitions  chapl'er n authoiutla; for l>isputi:d eucnon3 petitions in respect of disputed elections 4 authority to try a petition  chapterm presentanon of petmons in respect 01' disputed elections5 presentation of petition 6 parties to the petition 7 contents of petition 8 relief that may be claimed by the petitioner 9 procedure on receiving petitions  chapter iv'l'rial 01' petitions w trial of petitions 11 procedure before the authority 12 secrecy of voting not be infringed 13 answering of criminating questions and certificate of indemnity 14 expenses of witnesses 15 recrimination when seat claimed 16 decision of the authority 17 other orders to be made by the authority 18 ground for declaring election to be void 19 grounds for which a candidate other than the returned candidate may be declared to have been elected 20 communication of orders of the authority 21 costs 22 orders of authority to be final mjscelolalfilott8 ti:abslls 23 mett i1t· araeri· of authority 24 withdrawal artdabatementof pt!titl(bi~ 25 payment of costs out of security deposits and rl!htrn of such deln)l'lits 26 execution of w4era as· t9 colts 27 power to make rules 28 repeal and liaving '  blu no1' of ,171  the disputed elections (prime minister a~d speaker) bill, 1m a bill, to provide jor authorities to deal with disputed elections to parliafraefttif& the cae of prime mi1liter cmd speaker '01 the"ouij~ ot'th, " "  "\0 - \ people' and fo; matters connected thetetoith   be it enacted by paru~ment in the tw~nty-eighth ~ear of the republic of tndla as follows:-~" ! chapter i  preliminarys 1 (1) this act may be caued the disputed elections ()?rime min shod ter and speaker) act 1977 " ,~  "tie and (2) it shall be deemed to have come into force on the 3rd day' of menee f b lfteq& e ruary  l9'77 z in this act unless the context otherwise requires,-deftni~ 10 (a) "authority" means 'an authority constituted under section tiqllt, 4 for the trial of a petition; (b) "candidate" means a person who hal been or claims to have been duly nominated as a candidate at any election; (e) "costs" means all costs, charges and expenb~s of, qr inctden j$ tal to a triftl ot peutton undqr this act; (d) "election" means an election in tne case of prime minister or in the case of speaker j , -""1,' (e) '''el~tion in the case ot prime minister" means an election to either house 01 parliament of a person who holds the oftlce of prime minister at the time of such elec~on or is appointed as prime s minister atter such electionj (f) "election in the case of speaker" means an election to the house of the people o~ a person who holds the office of speaker at the time of such election or is chosen as the speaker for that house after such election; 10 (g) "petition" means a petition calling in question an electionj (h) "prescribed" means prescribed by rules made under this actj (i) "returned candidate" means a candidate whose name has been published under section 67 of the representation ot the people act, 1951, as duly elected at an election in the case of prime minister is 43 of 1951 or, as the case may be an election in the case of speakerj 43 of 1951 (;) each of the expressions defined in the representation of the people act, 1951 but not defined in this act shall have the same meaning as in that act 20 ~ll:l"""""·'''-·li'~"»igjmii'if··'·''  ~·''''· chapter it  ~ ':;! ~   ~ ,' i t ~ / 3 no elj!ctlon shalt be called in question except by a petition presented in accordance with the provisions of this act  petitiou in reapact of disputed electionl authority toh7a petltioo, ,"; c, (1) ~':peti - wl lie tried, •• authodty,eonltl'" for tile purpo&e by the central govemment iy etifieatioa·iu the· 'ofletal 25 g •• ette (2)' the authority shall consist of - sid,,~ ~ber wh is a ~udre of the supreme court, to be nom~ted in this behalf by the chief jus tiee of iddia    (3) it for any reason a vacancy occut4 ~n the office of member afore- 30 liaid the chief justice shall, as soon as practicable nominate a person to j fi1l the vacaney 'andthereupon the trial of the petition ~hal1 be· continuo ed as if that member had been the authority from the commencement 01 th~ trw, of iuchpetitfcln: provided that the authority may if it thinks fit, reca11 arid re- 3s examine any of the witnesses already examined  chapter m presentation of petitions in respect' of -disputed - electionspresenta tion of petition 5 (f) a petition 'calling in question any election may be presented on one or more of thegl'ounds speeifted 'in sub-section(1~ of section '100 40 and section )o~ of the reprt8entati~n of the people act; u51, to the elec-43 of1951 tion commission by any can~idteat such elti:tifl!ll ~r: ~y e1tc:4or :\1'iithin rorty-five days from, but not earlier than, the (&  ,e of' eleetion ,tji the returned candid41te, or if, there are more returned candidates than one at the election and the dates of their election a~e different the last of those dates: 5 ':> provided that' a petition calling in question the election of a person who does not hold the oftlce of prime midilter or, as the ease may be, speaker of the house of the people at the time of such election and who is appointed or chosen to that office after such ~lection but before the expiry of the time for presenting sucb election petition~ may be pj!ese!l-10 ted within forty-five days from the date on which such pe;rsonwas appointed as the prime minister or chosen as the speaker of the house of the people ~l4nation-in this' bub-section, '~eleotor" mean,  person who was' entitled to vote at the election to which the petition relates whether he is has voted at such election or not (2) a petition shall :be deemed to have been presented ul the eleetion' commission when it is delivered to the election commission or to such other omcer as may be appointed by it iii this behalf-(a), by the person 'making ,the petition; or (b) by a person authorised in writing in this behalf by the person making the petition , , (3) every petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and one more copy for the use of the election commisslon;and every such copyshau be attested 25 by the petitioner under his own sigublre to ,be a tlu! copy of the petition (4) at the time of presenting a petition, the'1jftitioner shan deposit' with the ejection commission in such manner as may be prescribed a sum of two thousand rupees 'as scurtty for costs (5) the authority trying a petition may at any time during the cou~e 30 of the trial of the petition caw upon th~ petitioner to give' such furtlier, ~urity for costs as it may cbiect, " ' (6) no person shall be entitled to be joined as a respondent to a peti tion under sub-section (3) of section 10 unless he 'hal given iucb security fnr costs as the authority may direct ' i a petitioner shall join as' respondents to his petitfon--:-35 parties to the petition (a) where the petitioner, in addition to claiming a dec1arat,ion that the election of all or any of the returned candidates is void ·clabn a further declaration that' he himself or 'any other candidate has been duly, elected, al1 the contesting candidate& other than the petitioner and where no such further deelaration is, claimed, an the returned candidates; and (b) any other candidate against whom allegations of any corrupt practice are made in the petition j 7 (l) a petition-contqta of petition (a) shall contain a concise statement of the material fa(;11 un which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitionel alleges, including as full a statement as possible of the s' names of the parties alleged to have committed such corrupt practice and the date and place of the commibsion of each such praetice;and (c) shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 1908, for the verification of 0 of 1908 pleadings: 10 provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof (2) any schedule or annexure to the tletition shall also be signed by is the pet'ltionerand verified in the same manner as the petition r a petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a futther declaration that he himself or any other candidate has been duly elected relief that may be claimed by the petitioner \ 9 (1) the election commission shall, as soon as may be aftel" the:ao receipt of a petition under section 5, forward it to the authority for trying the pet1tion   procedure on receiv· ing petitions (2) where more petitions than one have been received under sec· tion '5 in respect of the same election, the election commisiion shall forward them to the authority and such authority may, in ifs discre- 25 tion, try them separately or in one or more groups "  chapter iv trial of petitionstrial of petitions 10 (1) suhjeet to any rtns made in dais behalf the authority 'for the trial of any petition sllall hold the triat at new delhi 30 (2) ~e authority shall dismiss the petition-(a) it the petition has not been presented within the period specified in sub-section (1) o~ section 5; (b) if the petition does not comply with the provisions of sub section (3) or sub-section (4) of section 5 or section 6 3s e~lanation-an order dismisbin~ a petition under this subsection sb,ll be gleemed to be an order made under clause (a) of section 16 (3) any candidate not already a respondent to a petition shall, upon bpolication made by him to the authoritv within fo\lrteen days from the date of commencement of the trial and l'ubiect to any order r~ to 40 seeuritv for cocjts wl;lich may be made by the authority, be entit1ed to be joined as a respoftdent t;xpwna"on:-hr the purposes _ of  this sub-aection and of leetie>n 1d~ tile ulal 01 a peutlon sllat! be aeemea to commence on the c1a~ tix~ lor toe respooueots to appear belore the autnol'lty and answer the claim 01' clalms made in toe petition ~ (4j "rtle authority maf, upon such terms as to costs and otherwise as it my deem 11t, allow toe particwars 01 any' corrupt practice aheed in tne peuuon to be amended or amplltlecl in such manner as may in its opidlon be necessary lor ensuring ii lair and effective trial of the pet1-uon, but shall not allow any amendment of 10e petition wnich wuj nave to the ettect· of introducing particulars qf a corrupt practlce not previuuslr aheged  in the petition  , (5) the trial of a petition shall, so far as is practicable consistenuy with the interests of justice in iespect of the trial, be cohtinued from day to day until its conclusion, unless the authority finds the adjournment is of the trial beyond the following day to be necessary for reasons to be recorded - (6) every petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of commencement of the trial a 11 (1) subject to the provisions of this act and of any rules made o thereunder, every petition shall be tried by the authority, as nearly as may be, in accordance with the procedure applicable under the code of civil procedure, 1908 to the trial of suits: procedure before the authority 1011908 provided that the authority shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses, 25 if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the' party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings  (2) for the purposes of any such trial, the authority shall have all 30 the powers of a civil court while trying a suit under the code of civil a of 1908 procedure, 1908, in respect of the following matters, namely:-(4) summomrtg and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production gf any document; 35 (c) receiving evidence on a1bdavitsj (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesser or documents; (j) such other matters as may be prescribed 1 of 1872 (3) the provialodi of the indian evidence act, 1872, shall, subject to the provisions of this act, be deemed to apply in all respects totbe trial of a petition  45 of 1860 l4)any proceedillg before the authority shall be deemed to be ii judicial proceeding witbin the meaning of section 193 of theiru:tian penal code u no witness or other personshail be required to state fol" whom he  has vo~d at an election ' s secrecy of voting not to be infringed '13 (i) no witness ithall be excused from answering any question as to any matter relevant to a matter in issue in the trial of a petitiodupon the ground that the answer to such question may criminate or may tend to criminate him, or that it ~ay expose or may tend to expose bim to any penalty or forfeiture: 10 answerin, of criminatingquestiona and certificate of indemnity provided that-(,,) a witness, who answers truly all questions wbich he is 1' quired to answer s'hall be entitled to receive acerwicate of indemnity rrom the authority; and   (b) an answer given by a witness to a question put by or before is the authority shall not, except in the c~se of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding 45 ot 1860 43 of 1951 (<2) when a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete 20 defence to or upon any charge under chapter ixa of the indian penal code or part vii of the representation of the people act, 1951, arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this act or any other law expenjes of witll'elle" 14 the i;88iodaw expe  inc:w'red it)' iu1l' i'5oil in au,diolte live evidence before the authority may be allowed by it to i~h period, and shall, unless the authority otherwise dij;eets,be deemed to be part of the coats recrlm1 nation when seat claimed u (1) wbe in a petition a declaration that any candidate other than 80 the returned candidate haa been duly elected is claimed, the returned candidate or any other party may eiv~ evidence to prove that the election &f such candidate would have been void if he had been the' returned candidate and a petition had been presented calling in question hiselec-~ ~ provided that the returned candidate or such other party, as aforesaid shall not be entitled to: give such evidence unless, he has, within fourteen days trom the date of commencement of the trial, given notice to the authority of hi inten$ien to go 10 ancl hal also gived thesacurlty ad; the further securitr x-eferred to in sub-aeetions (4), ~5) and (6) respectively 40 of section 5 (~) l!:very notice referred to in sub-section (1) shall be accompanied by tae maternent and particul@l's rqquir8(i by ~tiod 7 mtbe case of ii petition and shall be lfilne:cta,ld ~ec1 iij ~e m~  decision of ute authority; 16; at the conclusion of the trial of a petition the authority shall make 5 an order- ,   --,-, {a) dismissing the 'petition; or (b) declaring the election of all or any of the returned candidates to- be void; or' 10 (c) declaring the election of all or any of the retumed candi  dates to be void and 'the pet1tioher or asy' o~ercandidate to have been duly elected 17 (1) aitbe time of, ruking anor<k!r wmi~j' secijop 1a ijmau,rity shall also make an order-(a) where, any charge is made in the petition of any corrupt is practice having been committed at the election, recordihg-other ' orders to be made by the authority (i) a finding whether any conupt pra~tiae'" oi'has not been prove4 to have been committed at the election, and the nature o~ that corrupt practice; and 20 (ii) the names of all persons, if any, wbo luw be- proved ,at the trial to have beer guilty of any coitupt practice and the nat)u'e of that practice; and ,i  (b') 'ibdngthe total antooftt of cosqi payable add specitfing the persons by and to whom costs shall be paid: provi,dedthat 'a person who is not a party to the petiti(tl'll shall not be 25 named in the order under sub-clause (ii) of clause (a) un1ess-(a) he has been given notice to appear belere the atithot"ity and to show cause why he should not be so named; and  (b) if he appears in pursuance of the notice, he' has been given an 'opportunity of cross,examining arty witness who has :'atready been examined by the authority and has given evidence agaiiist him, of calling evidence in his defence and of bejng heard ' 43 of 1951 (2) in this section and in section 16, the expression "4'lent" has the same meaning as in sec:tion 123 of the representation ()f' the people act, ' 1051 35 18 (1) subject to the provisions of sql>-section (2), if the authority is of opinion-(4) that on the date of his election a returned candidate was not qualified, or was disqualified" to be ch~ to fill the seat under oroundt for dec larfl'lg 'etection to the void 43 ot 1951 the constitution or the representation of the people act, 1951 or 20 of 196$, 40 thul at:t or the government of union territories act, 1003; or (b) that any corrupt practice-has been committed by, 8 returned candicblte or his election agent or by any ~ percon with the consent of a retumed candidate or his electior ageftt;or (c) that any nomination has been improperly 'rejected; or tit) that the result of the ejection, :in so far 8s it esncem ti1fi returned candidate, has been materially aifected-(i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed ui the inierests, o~ the returned candidate by an agent other than his election , agent, or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or (i'v) by any non-compliance with the provisions of the constitution or of this act or of any rules or orders made under 10 this act, the authority shall d~lare the election of the returned candidate to be void (2) ijf in the opinion of the authority a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice i; but the authority is satisfted-- , , (ci) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the censent, of the candidate or his election agent; 20 (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was tree from any corrupt practice on the part of the candidate or any of his, aaents, 2; then the authority may decide that the election of the returned candidate is not void  i u u any person who has lodged a petition has, in addition to calimg in question the election of the returned candidate, claidied a declaration that he himself or any other candidate has been duly elected and 30 the authority is of opinion-(4) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other eandidate would 3; have obtained a majority of the valid votes, grounds for which a cand1-date other than the returned c:andi  date ',j may be declared to have been t1«lted the authority shall after declaring the election of the returned candidate 110 be void declare the petitioner or such other candidate, as the case may be, to have been duly elected communication ot brdei'8 of the authority 20 the authority shall, as soon as may be aftet the conclusion of the  mal of a petition, intimate the 'substance of the decision to the electign commission and the speaker or, the cha:irman, as the case may be, of the house of parliament and, as soon as may be thereafter, shall send to the election commission an authenticated copy of the decision 21 costs shall be in the diicreti~n of the authority: provided that where a petition is dismissed under clause (a) of ectjon 16, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the authority shali make an order for costs in favour of the returned candidate 22 no order made by an authority under this act shall be called in question in any court orders of authority to be final 23 (1) an order made by an authority under this act shall take effect as soon as it is pronounced by the authority ea"ect of orders of authority (2) where by an order under section 16 the election ofa returned 10 candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of parliament or, as the prime minister or as the speaker of the house of the people shall not be 'invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the is ground of such participation  chapter v mlscellaneous43 of 1951 j ,j ~ withdrawal and abatement of petitions 24  the provisions of sections 109 to 116 (both inclusive)' of the representation of the people act, 1951, relating to withdrawal and 30 abatement of election petitions shall, so far as may be, apply in relation to withdrawal and abatement of petitions under this act subject to the modifications that the references therein to an election petition, high court and petitioner shall be construed as references to a petition under this act, the authority for hearing such petition and the petitioner "": in respect of such petition respectively ,\ i j paymeqt ot c08ts out of security deposits an8 retum of iuch depolits 25 (1) if in any m-der as to cctsts under the provisions of this act there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if 30 any, made by such party under this act on an application made in writing in that behalf within a period of one year from the date of such order to the election commission by the person in whose favour the costs have been awarded   (2) if there is any balance left of any ot the said security deposits 3s after payment under sub-section (1) of the costs referred to in that ,subsection, such balance, or where no ~osts have been awarded or no application as aforesaid has been madp witlitn the said period of one year, the whole of the said securitv deposito; may, on an application made i~ that behalf in writin~ to the election commission bv the person by whom t~e 40 deposits have been made, or it such person dies after making such deposits, by the legal representative of such person, he returned to the said person or to his jegal representative as the case may be execution of orders  to coa 241 anv order as to costs under the provisions of this act may be produced before the principal civil court of original jurisdiction within 45 the local ijmit~ of whose jurisdi<,uon anv persnn dirpcted by stich order to pay any sum of money has a place o~ residence qr business, or where lueh plaee is within a pl'88idelicy"'towni befonr the collj'i of idad: c8wie8 hwmg juriadtcuon there, add ·such court shall execate the omei' or tause the same to ~ executed 11'1 the same manner and by the l81de proaeiihve  aa· if it wwe ~ de£ree fur the payment of money made by i~lfin a suit: provided that where any such costs or any portion thereof may be s recovered by an application made under sub-section (1) of section 25, no application shall lie under this section within a period of one year from ,·we dlitse't)f's1iclf order'unless·it is for the reoovery·af the·balance of any costs which has bee»' leffurirealfsed after an applitatioll bas been made ,under that, sub-section ~wing to the insufficiency of the amount of the 10 ,sectirify 'deposits referred to in that sub-section power to , 21 (1) tbe-central government may make rules for carrying out the purposes of ·this act  make rules (z) in pariicuiar' and without prejudice' 'to 'the ge~erallty of the foregoing power, such rules may provide for all or any 01 the following is matters, namely:-',  (4) the deposit or further deposit to be made by the petitioner as ·security' -for" tile &sar' , "\ , ,  tlr) tile appointment of offieers iuld ·other emplo!"ms for usistlnjt 'tiae·alltlaorities·idthedbcurjlle of their functions and tile conditions of 20 ·senice· -of 'such olleen aad, other employees;· ,' , ,"' ,(~) -the custoov of deposits made und~r thi's ·~ct, the payment of costs out of such deposito; on an application m~de under section 25 and other matters relating to the disposal of such applications; (d) 'th!-! fees, if any, payable in respect of any petition or applica- 2s ,tion unc;lel" thi~ act;  \ (e) any other matter which has to be prescribed by or prbvitled for ··by: rules made under 'th)s ~ct  (3) every· rule made by theceritrai" government unaer" this -act ~liall be laid, as soon as may be after it is made, before each house 30 ofparliament wbile it is in session, ft;'f iii total period of thirty days which may! be coli)prised in one session or tn two or more successive sessions, ·and if, ·before· the expiry of the ses!':ion immediatelv following thesession or the successive sessfonsafore\!aid, both houses a~ee in' making - 8fty modification in, the rule' or both rou~s a~ee that th~ rule should 35  liot be· made, the rule shall thereafter have ettect only in sucb modtffed form or be of no eifectr·as the case'may be; so however· that· any such modification or annulment shall be wit~out preju~uce ~ the va1fdity 'of anything previously done under that rule  28 u)· the disputed elections (prime minister and speaker) ordl- 40 nance, 1977)· is hereby repealed 4 ol1977 ~ and savtnl (z) notwifhsta1'1~ne !mch repeal, anythitl~ done or any action taken under· tlie provisions of (he said ordinance shall be deemed to have been done or taken under the corresponding qrovisions of this act  ,"  ~ r': -, " ! ' : i" : j 'i;  t ~~  _ r ~ ~ ~ wa: of 'thec811stttution· mup&, special p;ovi~jont  iil i~p~ ()~ cr: fohowlng eleetion&:- ~   1  , - n (s) election in: flur clise of pi1~ mu!{s1et '8'l'·,spilkw/tllef·dr  say • ~l~ctfon to either llou$e of ~hfatrlent· ot a pe~'\vid1 h1_'fii6 ofttce ,o1fttttne mmis'te'r al 'me  tifrle  ofsli(!h d1etlon' otr, whor ii~ potnted as ~e mltnster artet su'eh e1e~'ofl'; 'lu'ht' • ',  '~  ",  '\ eo)· ehetion, in· the- case of speaker jhatis to say, ~tecrttori t~ the ao~e of the people of a person who holds the ofttce of speaker of  t!ult·1tou~e !it the· ~ 'td $\iefl elemfon or who fa diosea ·a  speaker ot ~irt ttduse after stiers,  elee~im\ ' - ,2~ aceemblg to tailt article, an~lectiod i~'the c~s~' 0' rri~e ~fs"~ ft· 8pealler' cap- be questioned only, btfoy;e s~~ a,jl~ofi~y ,f~llt, b~ _ saejt aat~y'_isl'efel'ec1 to ·in clause (b) qf,at;t!cl,e 3~j· or 'body altd - ie sliea1ftriui8r as ~  ber-peo~de4 wx: b~ o:t' qnder~n:y law ttla-de bt parlialu9df6' as ·the ·houie ot thepeopje \\las cjjss~l~ed on til!! "l8th h:tf 'dray, 1977 'and the councu af states was not in se~i~n,_ ~,d 'gew~t:i1f e1ee  tic'1ft· foil the purpose of consti~uting a new, house of the people was to be held shortly it became necessary to provide for the setting 'qpot suell authority urgently hence, the disputed elections (prime minister atld s[jeakt!!itl otdiyu:inee, 1w1; was p~mulg&ted by the president on 3m feb-!uai-y, 191'1:  3 government consider that the above ordinance should be ~n,cted - 6ubj~ct to the modiftc~tian that the authority for tryfiig a petrtfob, quelltioning an election in the case of prime mi~fstet or speaker, shd cojlstst of a single member, who is, a j~dgeof t~esup~e court, to be nomirrataid by the chief justice of india and shan not' be a counci'l const8ttrrg til dine members, as envisaged in· the ordinance  the ~ul prqyides ~qr such 11ft authority, ed contains the necessary consequential modif\ca~i()"s " 4 the p~ocedure to' be' foliowed' by the authority, the ~ em which the election m~y be called tn question: 811d other metterso··b!·detatl relating to secur·fty· for costs reliefs that m&1 ~ elaimed by' the- peutlcmer, withdr-awal and abatement of petitions, etc • are simi~ar to those cod tainaci·in the conresponding provisions of the r~presentatf(yn or twe'l'eople ~agt • 1-96], and· do ilot make aqy signiftcant d~p~iift,lre fr~ the pro'\ft8lth11 of, the ordinance ,id' that~ beltalf  niw' diii1t'i;  shan:l'1 bl!ustran the 41th april, 1977 clause 4(1) of the bill provides for the trial at a petition iri the case of prime minister or speaker of the howie of the people by 'the authority constituted for the purpose by the c'entral government clause 4 (2) specifies that the authority shall consist of a single member, who is a judge of the supreme court to be nominated in this behalf by tlie chief justice of india clause 27 of the bul empowers the central government to make rules intu alia to provide for the appointment of ofbcers and other employees for assisting the authority in the discharge of its functions and the conditions of service of such officers and other employees 2  the need for the constitutien of an authority will arise only if any petition is presented in respect oil election in the case of prime minister or speaker the authority will be an ad 'hoc body, constituted solely for the disposal of the petition the judge of the supreme court, who is nominated by the chief justice of india as the authority"will not draw any remuneration for his functioning as the authority for trying the petition the expenditure towards salaries and allowances of the omcera and other employees, appointed for assisting the authority, fs likely to tie about rupees thirty thousand (rs 30,0(0) for a: period of six months, namely,· the period within which the trial of petition is normally expected to conclude  'j 3 according to clause 10 of the bill" the authority for the trial of a petition has subject to any rules made in this behalf, to hold the trial at new delhi it may be necessary for the authority to hold some of the sittings outside new delhi in special circumstances in tliat event, some expenditure will be incurred on account of travelling allowance and dauy allowance of some of the officers and staff assisting the authority n is not possible to make any feir estimate of such expenditure 4 clause 14 of the bill provides for expenses of witnesses to be allowed by the authority these expenses are deemed part of the costs unless the authority otherwise directs when the authority otherwise directs it will become necessary to incur some expenditure on this aceount it is, however, not possible to envisage tlie amount of such expenditure 5 the expenditure mentioned in the preceding paragraphs is of a recurring nature as the authority has to be constituted whenever elections in the case of prime minister or in the case of speaker take place and petitions are presented in respect thereof in case it becomes necessary to constitute two separate authorities to deal with the petitions in respect of ~lection in the case o~ prime minrster and speaker, the expenditure to be incurred in pursuance of the provisions of this bill will be nearly double 6 no other expenditure, whether recurring or non-recurring is expected to b~ incurred consequent upon the enactment of tlte bill  memorandum regarding delegated legislationclause 10(1) lays down that subject to any rules made in this behalf, the authority for trial of any petition shall hold the trial at new delhi clause 11 (1) provides that subject to the provisions of the bill and of any rules made thereunder, every petition shall be tried by the authority as nearly as may be, in accordance with the procedure appycable under the code of civil procedure, 1908 to the trial of suits  ~ clause 27 enables the central government to make rula:!s for carrying out the purposes of the bill, and sub-clause (2) thereof enumerates certain matters for which such rules may be made the matters in respect of which rules may be made are matters of detail or procedure and as such the delegation of legislative power involved is of a normal character , , memo1'~m tegardi:ng modifications contained in the bm to replace the disputed elections (prime minister and speaker) ordinance, 1977 uru:1er section 40f the disputed elections (prime minister ami speak~ ~dc:e, 1977, the authority for the trial of petitiojls in r~­peet of disputed elections in the case of prime m,iqister aj')d the speak,er of the house of the people consists of a council of 9 members, whereas under clause 4 of the con-esponding provisions in the disputed illections (prime minister and speaker) bill, 1977, the authority consists of a single member who is a judge of the supreme co\:l1"t nominated by the chief justice of india the ot,her changes in the draft bill are of a consequential nature the provisions in the bill relating to the procedure to be followed by the authority, grounds on which the election may be called in question and other matters of detail like security for costs, reliefs that may be claimed by the petitioner, withdrawal and abatement of petition etc, are similar to those contained in the ordinance and follow the con'esponding provisions of the representation of the people act, 1951  bdl10 iji'ovide for authorities to deal with diaputed elections to parliament in the cue of prime minister and speaker of the house of the people add for matten connected therewith (shri shanti bhushan, mmimw of law jubttce cmd compcit'l!l affair8) 