(1) If the election petition is confined to the question of validity of votes -cast or counting, the .District Judge shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result.
Setting aside of election.
Scrutiny of votes and declaration or confirmation of result.
339 The West Bengal Municipal Elections Act, 1994.
[West Ben. Act Bar to jurisdiction of Court.
Fresh election when an election is set aside.
Saving of acts done by a member before his election is set aside.
Electoral offences for the purposes of the Act.
Protection of action taken in good faith.
Casual vacancies in the Municipality.
(Chapter VIE—Disputes regarding election.—Sections 78-81.— Chapter IX.—Miscellaneous.—Sections 82, 83.)
(2) If there be only two candidates contesting the election in dispute and the election petition contains a 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.
78. Save as provided in this Act, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.
79. If an election is set aside by the District Judge, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.
80. 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 the office of member before such declaration, shall be invalidated by reason of such declaration.
81. For the purposes of this Act, the electoral offences under Chapter III of the Representation of the People Act, 195.1, shall be the 43 of 1951.
electoral offences under this Act, and the provisions of Chapter III of that Act shall apply to the electoral offences under this Act.
CHAPTER IX Miscellaneous
82. No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Act or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication by, or under the authority of, the Commission of any such opinion, paper or proceedings.