Section 36. Decision of election disputes

(1) When the question is raised by a petition preferred to the State Government by any member of the Board whether the Chairman of a Board has been duly elected under the provisions of section 34 or section 35, the State Government shall, without considering the merits of the question raised, refer it for decision to a judicial officer not below the rank of a District Judge: Provided that security of two hundred and fifty in cash shall be filed with the petition and that such security shall be forfeited to Government on the recommendation of the Judicial Officer to whom the petition has been referred if the petition is found by him to be frivolous or vexatious. (2) The Judicial Officer shall on a date fixed by him call upon the parties to appear before him and produce such evidence as they desire in support of their case, and shall then proceed to pass orders on the petition. (3) No suit or application challenging the election of a Chairman of a Board shall lie in any civil or any other Court.