100Grounds for declaring election to be void

¹ [(1) Subject to the provisions of sub-section (2) of ² [the High court] is of opinion--

(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 Constitution or this Act ³ [or the Government of Union Territories Act, 1963 (20 of 1963)]; or

(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or

(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected--

(i) by the improper acceptance or any nomination, or

(ii) by any corrupt practice committed in the interests of the returned candidate ⁴ [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

(iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act,

² [the High Court] shall declare the election of the returned candidate to be void.]

⁵ [(2)] If in the opinion of ² [the High Court], a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice ⁶ *** but ² [the High Court] is satisfied

(a) 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 ⁷ [without the consent], of the candidate or his election agent;

⁸* * * * *

(c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt ⁹*** practices at the election; and

(d) that in all other respects the election was free from any corrupt ⁹*** practice on the part of the candidate or any of his agents,

then ² [the High Court] may decide that the election of the returned candidate is not void.

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1. Subs. by s. 55, ibid., for sub-sections (1) and (2) (w.e.f. 28-8-1956).

2. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).

3. Ins. by Act 20 of 1963, s. 57 and the Second Schedule (w.e.f. 13-5-1963).

4. Subs. by Act 58 of 1958, s. 30, for certain words (w.e.f. 30-12-1958).

5. Sub-section (3) re-numbered as sub-section (2) by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).

6. The words and figures "specified in section 123" omitted by s. 55, ibid. (w.e.f. 28-8-1956).

7. Clause (b) omitted by Act 58 of 1958, s. 30 (w.e.f. 30-12-1958).

8. Subs. by s. 55, ibid., for "without the sanction or connivance" (w.e.f. 28-8-1956).

9. The words "or illegal" omitted by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).

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CHAPTER III.--Trial of Election Petitions