( 1 ) Ifthevalidityofanyelectionofamemberiscalledinquestion Election by any question qualified to vote to such election, such person may, at any petition and time within forty five days immediately after the date of declaration of the procedure.
result of the election, file a petition before the District Judge of the district within which the election has been or should have been held and shall, at the same time, deposit two hundred rupees in the Court as security or the cost likely to be incurred ;
Provided that the validity of such election shall not be called in question in any such petition-
(a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll ; or
(b) on the ground that the name of any person not qualitled to vote has been inserted in the electoral roll ;
Provided further that if only two candidates contested such election, the petitioner may in addition to calling in question the election of the returned candidate claim that if the election of the returned candidates is set aside, the other candidate may be declared duly elected.
( 2 ) The provisions of the Code of Civil Procedure, 1908, shall apply as far as may be in the matter of adjudication of an election petition under sub-section ( 1).
66. If the District Judge, after holding such inquiry as he deems fit in Setting aside respect of an election petition, is satisfied that- of election.
(a) a candidate has committed any corrupt practice within the meaning of this Chaptel; or
(b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder. or
(c) the result of the election has been vitiated by any electoral offence punishable under any other law made applicable for the purposes of the Act ;
He shall set aside the election of such candidate, if he has been elected, and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that the candidate be disquaIified for the purpose of a fresh election caused by such setting aside ;
Provided that if the Distirct judge in setting aside the election holds candidate guilty of any corrupt practice, he may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years.
Scrutiny of 67. (1) If the election petition is confined to the question of validity of "Otes and votes caste or counting, the District Judge shall, after such scrutiny and declaration or confirmation computation of votes as may be deemed necessary, declare the result.
of results.
( 2 ) If there be only two candidates contesting the election in dispute and the election petition contains claim by one of the candidates for declaring him elected, the District Judge may, while deciding upon the election petition, declare such candidate duly elected.
(3) If after computation, there be an equality of votes, among two or more candidates, the District Judge shall select one among them by drawing lots.
(4) If the District Judge is satisfied that no ground exists for setting aside the election or modifying the results thereof, he shall confirm the election.
Bar to 68. Save as provided in this Chapter, no Courts shall entertain any jurisdiction application in any form whatsoever for adjudication of any matter relating Courts. to election to a Municipality.
69. If an election is set aside by the District Judge, a date shall forthwith Fresh election be fixed and necessary steps shall be taken for holding fresh election for when an filling up the vacancy, as though it has been a casual vacancy. election is set aside.
70. Where a candidate, who has been elected to be a member, is declared by the District Judge to have not been duly elected, no act done by him by virtue of holding the office of a member before such declaration, shall be invalidated by reason of such declaration.
7 1. Notwihstanding anything contained elsewhere in this Chapter, the State Government may, for reasons to be recorded in writing, remove any disqualification imposed on candidate from contesting an election to a Municipality if, in its opinion, the offence does not involve moral terpitude, or may reduces the term of disqualification in any case whatsoever.
Saving of acts done by a member before the election is set aside.
Power of State Government to remove disqualificaions or modify terms thereof.
CHAPTER VI THE MUNICIPALITY AND THE MUNICIPAL ESTABLISHMENT