(1) The election of any person as ;\ member may be questioned jy an election petition on the ground—
(a) that such person has committed during or in respect of the elections any corrupt practice as hereinafter defined;
(b) that such person was declared to be elected by reason of the improper rejection or admh.ion of OIK- or more votes, or that, for any other reason, he was not duly elected bv a majority of lawful votes; or
(c) that such person was disqualified for being elected as a member under any of the provisions of this Regulation.
()2 T!i© election of any person as a member shall r-ft bo questioned—
(a) on the round tiuit the name of nny person qualified, to vote has been omitted from or the name of arty person not qualified to vote has been inserted in, the e^ctere! roll or rolls: or
(b) on the ground of nny non-compliance with this Retaliation or any ruY, or of any mis(,Ae in 'he forms required Ihc-rcby, or of any error, irregularity or informa'.i'v on tV n'"+ ^r tin- officr or hirers charced with cirryinp ou' this Regulation or nnv rule, unless sncTi nnn-compliance, mistake, error irregularity or informality has materially alTrcted the result of the elections.
Power to question election.
36, A person shall be deomed 10 have commuted a eoTUit pnetire who dire'tfy or indirectly, by himself or by ;»ny ofher person —
(i) induces or attempts to Inuu^e b.y fraud, intentional misrepresentation, coercion or threat of. injury, any voter to give or to irfrain from giving a vo*e in favour of any candidate;
(H) with a view to inducing any vot'-r to giv? cr lo refrain from giving a vote in favour of any candidate, olTcrs or gives my money, or valuable consideration or any place or consideration or any place or vakriMe consideration or my plr.ee cr employment, or holds out any promise of individual advantage or profit to any person;
(iii) gives or procures che gWuip of a vote in the name of a voter who is not the prison uwini; such vote;
Definition of "corrupt practice".
45 o£ I860.
(w) abets (within the me;min^ o f the TncUnn Penal Code) tbe doing of any of the acts snecifVd ^n ^ause (ft, <"i) nr ("''">; or 43 of 1951.
(v) commits any of the practices specified in section 123 of the Representation of the People Act. 1951.
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Explanation: A "promise of individual advantage or profit to any person1' includes a promise lor the benefit of the person himself, or of any one in whom he is interested, but does not Include a promise to vote for or agamst any particular municipal measure.
Form sfiA presents, tion of election petition.
37. (/) An election petition or any application relating to the hearing of an election petition rhall be presented to the District Judge within seven days from the date on which the result of the election was notified and shall specify the ground or Kromuk on which the election is questioned, and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds.
(2) The petition may be presented by any cand.date in whose favour votes have been recorded and who claims in the petition to be declared elected in place of the pers-on whose elect in a it, questioned, or by ten or moree voter;? of the municipal area
(3) The person whose eleciion is questioned and where the petitioner claims that any other candidate shall he declared elected in place of stich person, every unsuccessful candidate who has polled more votes than such other candidate, ^hail be made a respondent to the petition.
Recrimilatory proceedings in election disputes.
38. Any respondent may give evidence 1o prove that any person in respect of whom a claim is made that such person be declared elected in his place or in priority to him should not be declated so elected, in the same manner as if he had presentr>d r> petition ngninst the election of such person.
Procedure for Rearing election petitions.