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Section 100 Grounds for declaring election to be void - Representation of the People Act, 1951

What are the Grounds for declaring election to be void? Section 100 of Representation of the People Act, 1951

Section 100 : Grounds for declaring election to be void

(1) Subject to the provisions of sub-section (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 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 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, the High Court shall declare the election of the returned candidate to be void.

(2) If in the opinion of the High Court, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice  but 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 without the consent, of the candidate or his election agent;

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

(d) 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 High Court may decide that the election of the returned candidate is not void.

   

 

 
 


The Representation of the People Act 1951

Section 93 Documentary evidence

Section 94 : Secrecy of voting not to be infringed

Section 95 Answering of criminating questions and certificate of indemnity

Section 96 Expenses of witnesses

Section 97 Recrimination when seat claimed

Section 98 Decision of the High Court

Section 99 Other orders to be made by the High Court

Section 100 Grounds for declaring election to be void

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