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Representation of the People Act,1951

Act No : 43


Section : Grounds for which a candidate other than the returned candidate may bedeclared to have been elected.

101.Grounds for which a candidate other than the returned candidate may be declared to have been elected. If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 2[the High Court] is of opinion- (a) that in fact the petitioner or such other candidate received a majority of the valid votes ; or (b) that but for the votes obtained by the returned candidate by corrupt 7* * * practices the petitioner or such other candidate would have obtained a majority of the valid votes, 2[the High Court] shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.