(1) If the validity of any election of a Councillor is called in question by any person qualified to vote at such election, such person may, at any time within ten days immediately after the date of declaration of the 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 for 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 qualified to vote has been inserted in the electoral roll:
Prosecution and appeal.
Orders of disqualification.
Election petition and procedure.
229 The West Bengal Municipal Act, 1993.
[West Ben. Act Setting aside of election.
Scrutiny of votes and declaration Or confirmation of result.
(Part 11—The Municipal Areas.—Chapter IV—Election of Councillors.—Sections 44, 45.)
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 candidate 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).
44. If the District Judge, after holding such inquiry as he deems fit in respect of an election petition, is satisfied that—
(a) a candidate has committed any corrupt practice within the meaning of this Chapter, 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 offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, 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 candidate to be disqualified for the purpose of a fresh election caused by such setting aside:
Provided that if the District Judge in setting aside the election holds a 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.