Lawgist101Grounds for which a candidate other than the returned candidate may be declared to have been elected
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 1 [the High Court] is of opinion—
(a) 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 2 *** practices the petitioner or such other candidate would have obtained a majority of the valid votes,
1 [the High Court] 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.
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1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).
. The words "or illegal" omitted by Act 27 of 1956, s. 56 (w.e.f. 28-8-1956).
- 86 Trial of election petitions
- 87 Procedure before the High Court
- 93 Documentary evidence
- 94 Secrecy of voting not to be infringed
- 95 Answering of criminating questions and certificate of indemnity
- 96 Expenses of witnesses
- 97 Recrimination when seat claimed
- 98 Decision of the High Court
- 99 Other orders to be made by the High Court
- 100 Grounds for declaring election to be void
- 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected
- 102 Procedure in case of an equality of votes
- 103 Communication of orders of the High Court
- 104 [Omitted.]
- 105 [Omitted.]
- 106 Transmission of order to the appropriate authority, etc., and its publication
- 107 Effect of orders of the High Court
