Section 101 of Representation Of The People Act - Grounds for which a candidate other than the returned candidate may be declared to have been elected

Description

[(1) Subject to the provisions of sub-section (2), if ][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 ][or the Government of Union Territories Act, 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, insofar as it concerns a returned candidate, has been materially affected-

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

(ii) by any corrupt practice committed in the interests of the returned candidate][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, ]
[the High Court][shall declare the election of the returned candidate to be void.]
[(2)] If in the opinion of [the High Court], a returned candidate has been guilty by an agent other than his election agent, of any corrupt practice [* * *] but [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 [without the consent], of the candidate or his election agent;
[* * *]
(c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt [* * *] practices at the election; and
(d) that in all other respects the election was free from any corrupt [* * *] practice on the part of the candidate or any of his agents, then [the High Court] may decide that the election of the returned candidate is not void.

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