(1) Subject to the provisions of sub-section (2) if he Judges is of the opinion-
(a) that on the date of his election or nomination a returned candidate was not qualified or was disqualified, to be chosen as a President or a Councillor, or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election, or nomination in so far as it concerns a returned candidate has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by the improper acceptance or refusal of any vote or reception of any vote which is void;
or
(iii) by the non-compliance with the provisions of this Act or of any rules or orders-made there under save the rules framed under section 14 in so far as they relate to preparation and revision of list of voters;
he shall declare the election or nomination of the returned candidate to be void.
(2) If in the opinion of the Judge a returned candidate has been guilty by an agent of any corrupt practice, but the Court is satisfied-
(a) that no such corrupt practice was committed at the election or nomination by the candidate, and every such corrupt practice was committed contrary to the instructions, and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election or nomination; and
(c) that in all other respect the election or nomination was free from any corrupt practice on the part of the candidate or any of his agents;
then, the Judge may decide that the election or nomination of the returned candidate is not void.