section 20
Grounds for declaring election to be void.
The Goa Panchayat Raj Act, 1994Infrastructure1994251 sections19 chapters
Chapter II Chapter II
Statutory text
- (1) Subject to the provisions of sub- section (2), if the prescribed authority is of opinion,—
- (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen as member 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 concerned a returned candidate, has been materially affected,—
- (i) by the improper acceptance of any nomination; or
- (ii) by any corrupt practice commuted in the interests of the returned candidate by an agent; or
- (iii) by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or
- (iv) by any non-compliance with the provisions of this Act or of any rules or order made thereunder; the prescribed authority shall declare the election of the returned candidate to be void.
- (2) If in the opinion of the prescribed authority, any agent of a returned candidate has been found 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 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 measures 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 agent; then the prescribed authority may decide that the election of the returned candidate is not void.
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