Grounds for which a candidate other than the returned candidate may be declared to have been elected

If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected, and the

1[Civil judge] is of opinion,-

1. (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
2. (b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the 1[Civil judge] 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.

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.