Lawgist.Download the App Now!
Get our Android app for fast and offline Access.
(1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election : Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within 21 days of the service upon him of notice of the election petition in case the election questioned is as 1[***] 2[Corporator] and three days days in all other cases given a notice to the District Judge trying the election petition of his intention to do so and has also given the security, if any, prescribed under section 79. (2) Every notice referred to in sub-section (1) shall be accompanied by the specification, statement and particulars required by section 63 in the case of an election petition and shall be signed and verified in like manner.
<span style="margin-left:15px;"></span>(1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election : <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within 21 days of the service upon him of notice of the election petition in case the election questioned is as <b><sup>1</sup>[***] <sup>2</sup>[</b>Corporator<b>]</b> and three days days in all other cases given a notice to the District Judge trying the election petition of his intention to do so and has also given the security, if any, prescribed under section 79. <span style="margin-left:15px;"></span>(2) Every notice referred to in sub-section (1) shall be accompanied by the specification, statement and particulars required by section 63 in the case of an election petition and shall be signed and verified in like manner. <br>