(1) Subject to the provisions of sub-section (2), if the Election Tribunal is of the 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 of India or under this Act; or
(b) that any corrupt practice has been committed by a returned candidate or his election agent or by other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or Grounds for declaring election to be void.
Other orders to be made by the Election Tribunal.
(d) that the result of the election, in so far 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 interest 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 of India or of this Act or of any rules or orders made under this Act;
the Election Tribunal shall declare the election of the returned candidate to be void.
(2) If in the opinion of the Election Tribunal, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the Election Tribunal 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;
(b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election: and
(c) that in all other respects, the election was free from any corrupt practice on the part of the candidate or any of his agent;
then the Erection Tribunal may decide that the election of the returned candidate is not void.
(3) In this section, the expression 'agent' has the same meaning as assigned to it in Explanation (1) given under clause (9) of section 108 but does not include election agent.
90. If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Election Tribunal is of the opinion, —
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate by corrupt practices, the petitioner or such other candidate would have obtained a majority of the valid votes;
the Election Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be to have been duly elected.
91. If during the trial of an election petition, it appears that there is an equality of votes between any candidate at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, -
(a) any decision made by the Returning Officer under the provisions of this Act shall in so far as it determines the question between those candidates, be effective also for the purposes of the final decision of the election petition; and
(b) if that question is not determined by such a decision, the Election Tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls, has received an additional vote.
92. The Election Tribunal shall, as soon as may be, after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and as soon as may be thereafter, shall forward to the Election Commission, an authenticated copy of the decision.
93. As soon as may be, after the receipt of any order made by the Election Tribunal under section 87 or section 88, the Election Commission shall forward copies of the order to the prescribed authority and shall cause the order to be published in the Official Gazette.
Translation of order of the prescribed authority etc, and its publication.
Communication of orders of the Tribunal.
Procedure in case of an equality of votes.
Grounds for which a candidate other than the returned candidate may be declared to have been elected.