State Act

The Greater Hyderabad Municipal Corporation Act, 1955.

79. (1) If the Tribunal is of opinion that the election has not been a free election by reason that bribery, undue influence or group intimidation has extensively prevailed at the election, the Tribunal shall declare the election as a whole to be void: 149[XXX] Explanation.— In this section,— (a) the expressions ‘bribery’ and ‘undue influence’ have the meanings given to them in section 17; and (b) the expression ‘group intimidation’ means any interference or attempt to interference by a community, group or section with the free exercise by another community, group or section of the right to vote or refrain from voting by intimidation, coercion, social or economic boycott, threat of such boycott or other similar means. (2) Subject to the provisions of sub-section (3), if the Tribunal is of opinion— (a) that the election of a returned candidate has been procured or induced or the result of the election has been materially affected, by any corrupt or illegal practice; or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the connivance of a returned candidate or his agent; or (c) that the result of the election has been materially affected by the improper reception or refusal of a vote or by the reception of any vote which is void, or by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act or of any other Act or rules relating to election, or by any mistake in the use of any prescribed form; (d) that on the date of his election a returned candidate was disqualified to be elected as a #[member] under this Act; the Tribunal shall declare the election of the returned candidate to be void. (3) If in the opinion of the Tribunal, a returned candidate has been guilty, by an agent other than his election agent, of any corrupt practice specified in 150[“section 17”], but the Tribunal is satisfied that— (a) 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 sanction or connivance of the candidate or his election agent; (b) all such corrupt practices were of a trivial and limited character or took the form of customary hospitality which did not affect the result of the election; (c) the candidate and his election agent took all reasonable means for preventing the commission of corrupt or illegal practices at the election; and (d) in all other respects the election was free from any corrupt or illegal practice on the part of the candidate or any of his agents; then the Tribunal may decide that the election of the returned candidate is not void.