The Delhi Municipal Corporation Act, 1957

17. Grounds for declaring elections to be void.-

(1) Subject to the provisions of sub-section (2) if the court of the district judge is of opinion-

(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a councillor 1*** under this Act, or

(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or

(c) that any nomination paper 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 by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or

(iii) by the improper acceptance or refusal of any vote or reception of any vote which is void, or

(iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder, the court shall declare the election of the returned candidate to be void.

(2) If in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court is satisfied-

(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;

(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and

(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents; then the court may decide that the election of the returned candidate is not void.

1. The words "or, as the case may be, as an alderman" omitted by Act 67 of 1993, s. 23 (w.e.f. 1-10-1993).

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