Disputes regarding elections

Disputes regarding elections.--(1) No election shall be called in question except by an election petition presented in such manner as may be prescribed and before such authority as may be appointed by the Government, from time to time, by notification in the Government Gazette : Provided that no person below the rank of a District Judge shall be appointed for the purpose of this section

1. (2) No election shall be called in question except on any one or more of the following grounds, namely :--
   • (a) that on the date of the election the returned candidate was not qualified or was disqualified, to be chosen to fill the seat in the Council ;
   • (b) that a corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent. Explanation.--For the purposes of this section, "corrupt practice" shall mean any of the corrupt practices specified in section 132 of the Jammu and Kashmir Representation of the People Act, 1957 :
   • (c) that any nomination has been improperly rejected ;
   • (d) that the result of the election in so far as it concerns the 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 an agent other than his election agent, or
     • (iii) by the improper reception, refusal or rejection of any vote, or
     • (iv) by the reception of any vote which is void, or
     • (v) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder.
2. (3) At the conclusion of the trial of an election petition, the authority appointed under sub-section
3. (1) shall make an order,--
   • (a) dismissing the election petition : or
   • (b) declaring the election of all or any of the returned candidates to be void : or
   • (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
4. (4) If a petitioner, in addition to calling in question the election of a returned candidate, makes a declaration that he himself or any other candidate has been duly elected and the authority under sub-section
5. (1) is of opinion that--
   • (a) in fact the petitioner or such other candidate has received the majority of valid votes, or
   • (b) but for the votes obtained by the returned candidate by corrupt practice the petitioner or such other candidate would have obtained the majority of the valid votes, the authority as aforesaid shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.