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Section 18: Power to question election by petition

The Odisha Municipal Act, 1950State Act of Odisha · Act 23 of 1950

(1) 3[The election of any person 4[* * *] as a Councillor] may be questioned by election petition on the ground–

(a) that such person committed, during or in respect of the election proceedings, a corrupt practice as defined in Section 28; or

(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes, or for any other reason was not duly elected by a majority or lawful votes; or

(c) that such person though enrolled as an elector was disqualified for election under the provisions of Sections, 15,16 and 29

1. Inserted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.

2. Inserted by the Orissa Act 10 of 1997, w.e.f. 19.05.1997.

3. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978.

4. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.

19THE ORISSA MUNICIPAL ACT, 1950

(2) 1[The election of any person 2(* * *) as a Councillor] shall not be questioned–

(a) on the ground that the name of any person qualified to vote has been omitted from or the name of any person not qualified to vote has been inserted in the electoral roll;

(b) on the ground that any non-compliance with this Act or any rule or of any mistake in the forms required thereby or of any error, irregularity or informality on the part of the officer or officers charged with carrying out the provisions of this Act or any rules, unless such non-compliance mistake, error, irregularity or informality has materially affected the result of the election.

Where this provision sits

ActThe Odisha Municipal Act, 1950
Section18
Marginal notePower to question election by petition
JurisdictionState of Odisha
StatusIn force as published by the source

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