Representation of the People Act,1951
Act No : 43
Section :
Grounds for declaring election to be void.
100.3[Grounds for declaring election to be void. (1) Subject to the provisions of sub-section (2) if 1[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 4[or the Govern- ment 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 of any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate 5[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, 1[the High Court] shall declare the election of the returned candidate to be void.] ---------------------------------------------------------------------- 1 Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12- 1966). 2 Subs. by Act 27 of 1956, s. 54, for sub-section (2). 3 Subs. by s. 55, ibid., for sub-sections (1) and (2). 4 Ins. by Act 20 of 1963, s. 57 and Sch. II. The words " or the Government of Part C States Act, 1951 (49 of 1951)" were omitted by the Adaptation of Laws (No. 2) Order, 1956. 5 Subs. by Act 58 of 1958, s. 30, for certain words. ---------------------------------------------------------------------- 80 1[(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 3* * * 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 4[without the consent], of the candidate or his election agent 5 * * * * (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt6*** practices at the election ; and (d) that in all other respects the election was free from any corrupt 6* * * practice on the part of the candidate or any of his agents, then 2[the High Court] may decide that the election of the returned candidate is not void.
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