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100. Grounds for declaring election to be void.-

4[(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 Act5[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

(c) that any nomination has been improperly rejected; 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 6[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.]

7[(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 8*** 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 9[without the consent], of the candidate or his election agent;

10* * * * *

(c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt 11*** practices at the election; and

(d) that in all other respects the election was free from any corrupt 11*** 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.

1. Subs. by Act 27 of 1956, s. 54, for "no person shall be named" (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. Subs. by Act 27 of 1956, s. 54, for sub-section (2) (w.e.f. 28-8-1956).

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

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

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

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

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

9. Subs. by s. 55, ibid., for "without the sanction or connivance" (w.e.f. 28-8-1956). 10. Clause (b) omitted by Act 58 of 1958, s. 30 (w.e.f. 30-12-1958).

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



Representation of the people (Miscellaneous Provisions) Act, 1956 Back




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