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THE REPRESENTATION OF THE PEOPLE ACT, 1951 · CHAPTER III.—Trial of Election Petitions

Section 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 Act 5[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.