State Act

The Himachal Pradesh Municipal Corporation Act, 1994

16. Grounds for declaring election to be void.- (1) Subject to the provisions of sub-section (2), if the prescribed authority is of the opinion - (a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a 2[XXXXXXXXXXX Councillor]; 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 interest of the returned candidate by a person other than the 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 any rules or orders made thereunder, prescribed authority shall declare the election of the returned candidate to be void. (2) If in the opinion of the prescribed authority, a returned candidate or any of his agents, has been alleged to be guilty of any corrupt practice, but the prescribed authority is satisfied- (a) that no such corrupt practice was committed at the election by the candidate, or 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, the prescribed authority may decide that the election of the returned candidate is not void.