Notwithstanding anything contained in the preceding sections, if the Tribunal, in the course of the hearing of an election petition, is of opinion, that the evidence discloses–
(i) that corrupt practices have prevailed at the election proceedings in question to such an extent as to render it advisable to set aside the whole proceedings; or
(ii) the result of election has been materially affected by any non-compliance with this Act or any rules made thereunder or by any mistake in the forms 21THE ORISSA MUNICIPAL ACT, 1950 required thereby or by any error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act or rules made thereunder; or
(iii) the result of election has been materially affected by improper acceptance or refusal of a candidate's nomination;
It shall set aside the whole proceedings and pass an order to this effect and shall direct the Magistrate of the district or other authority prescribed in this behalf to take measures for holding fresh election proceedings and if the election is set aside for any cause which is the result of acts of a candidate or his agent, may declare that candidate to be disqualified for the purpose of such fresh election.
Explanation :– In this section the expression' the election proceeding in question' and' the whole proceedings' shall mean all proceedings (inclusive of nomination and declaration of election) taken in respect of a single Poll in any municipality.