Application for questioning the elections

Application for questioning the elections.--(1) The election of any person as Sarpanch, Naib-Sarpanch, Panch of a Panchayat or as Chairman of Block Panchayat Board or a member of Panchayati Adalat under this Act, shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that--

1. (a) the election has not been free on the ground that the corrupt practice has extensively prevailed at the election; or
2. (b) that the result of the election has been materially affected--
   • (i) by the improper acceptance or rejection of any nomination paper; or
   • (ii) by gross failure to comply with the provisions of this Act or the Rules framed thereunder.

1. (2) The following shall be deemed to be corrupt practices for the purpose of this Act:-- A. Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivance of a candidate of any gratification to any person whomsoever, with the object, directly or indirectly, of inducing--
   • (a) a person to stand or not to stand as, or to withdraw from being a candidate; or
   • (b) an elector to vote or refrain from voting at an election, or as a reward to--
     • (i) a person for having so stood or not stood, or for having withdrawn his candidature; or
     • (ii) an elector for having voted or refrained from voting. B. Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right: Provided that without prejudice to the generality of the provision of this clause any such person as is referred to in this clause who--
     • (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or
     • (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause.
2. (3) The application under sub-section
3. (1) may be presented by any candidate at the election or any elector within 30 days of the declaration of result, or in such other manner as may be prescribed. Explanation.--Any person who filed a nomination paper whether such nomination paper was accepted or rejected shall be deemed to be a candidate at the election.
4. (4) The authority to whom the application is made under sub-section
5. (1) shall, in the matter of--
   • (i) hearing of the application;
   • (ii) summoning and enforcing the attendance of witnesses;
   • (iii) setting aside the election;
   • (iv) declaring the applicant to be the duly elected candidate whenever such relief may be granted to the petitioner, have such powers as may be prescribed.