100. Grounds for declaring election to be void.—
4[
(1) Subject to the provisions of sub-section
(2)
2
if [the High court] is of 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 or this Act 5[or the Government of Union Territories
Act, 1963 (20 of 1963)]; or
(b) that any corrupt practice has been committed by a returned candidate or his election agent or
by any other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(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 or any nomination, or
(ii) by any corrupt practice committed in the interests of the returned candidate 6[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 or of this Act or of any
rules or orders made under this Act,
2
[the High Court] shall declare the election of the returned candidate to be void.]
7
[
(2)] If in the opinion of 2[the High Court], a returned candidate has been guilty by an agent, other
than his election agent, of any corrupt practice 8*** but 2[the High Court] 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 9[without the
consent], of the candidate or his election agent;
10
* * * * *
(c) that the candidate and his election agent took all reasonable means for preventing the
commission of corrupt 11*** practices at the election; and
(d) that in all other respects the election was free from any corrupt 11*** practice on the part of
the candidate or any of his agents,
1. Subs. by Act 27 of 1956, s. 54, for “no person shall be named” (w.e.f. 28-8-1956).
2. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966).
3. Subs. by Act 27 of 1956, s. 54, for sub-section
(2) (w.e.f. 28-8-1956).
4. Subs. by s. 55, ibid., for sub-sections
(1) and
(2) (w.e.f. 28-8-1956).
5. The words “or the Government of part C States Act, 1951 (49 of 1951)” omitted by the A.O. (No. 2) order, 1956
(w.e.f. 1-11-1956).
6. Subs. by Act 58 of 1958, s. 30, for certain words (w.e.f. 30-12-1958).
7. Sub-section
(3) re-numbered as sub-section
(2) by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).
8. The words and figures “specified in section 123” omitted by s. 55, ibid. (w.e.f. 28-8-1956).
9. Subs. by s. 55, ibid., for “without the sanction or connivance” (w.e.f. 28-8-1956).
10. Clause
(b) omitted by Act 58 of 1958, s. 30 (w.e.f. 30-12-1958).
11. The words “or illegal” omitted by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956).
44
then 2[the High Court] may decide that the election of the returned candidate is not void.
