Setting aside of election

Setting aside of election-

1. (i) If the judge after holding an enquiry is satisfied that-

1. (a) the election of a returned candidate has been procured or induced, or the result of the election has been materially affected by a corrupt practice or
2. (b) the election has not been a free election by reason of the general employment or bribery or undue influence as defined in Chapter IX.A of the Indian Penal code (Act XLV of 1860), or by reason of any form of general .intimidation, including any form of social boycott,
3. (c) the result of the election has been materially affected by any non compliance with the provisions of this Act or the rules made there under or by any mistake in the use of any form prescribed for an election or by any error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act or rules made there under; he shall declare the election of such candidate to be void and if the election is set aside for any cause which is the result that of acts of a candidate or his agents may declare that candidate to be disqualified for the purpose of such fresh election as may be held under Section 22.

1. (2) If, after any such inquiry, the Judge is of opinion that a returned Candidate has been guilty, by an agent (other than his election agent) or any other person of any corrupt practice which does not amount to any form of bribery other than treating a hereinafter explained or to the procuring or abutment or personation, and if the Judge is also of opinion that the candidate has satisfied him that-
   • (a) no corrupt practice was commuted at such election by the candidate or his election agent and the control practice which were found by the Judge to have been committed were of a trivial un important and limited character and were committed contrary to the orders and without the sanction or connivance of such candidate or his election agent, and
   • (b) In all other respects the election was free from any corrupt practice on the part of such candidate or any of his agents, than the Judge may find that the election of such candidate is not void. Explanation-For the purposes of this sub-section "treating" means the incurring in whole or in part by any person of the expense of given or providing any food drink, entertainment or provision to any person with the object, directly or indirectly, of inducing him or any other person to vote or refrain from Voting or as a reward for having voted or refrained from voting. NOTES Section 13-Under Section 18 (1)
   • (c) the District Judge is vested with the power to set aside an election if he finds is that the result of the, election has been materially affected by non-compliance with the provisions of this Act or the rules made thereunder. Section 23 provides that no election of a Commissioner shall be called in question in any Court except under the procedure provided under the Act. Hence an election of the Commissioner under the Act, cannot be challenged in a writ petition on the ground of non-compliance of the rules made there under [Ram Chandra Malpani v.State of Assam, AIR 1963 Assam 168.] I Where the S.D.O. quashed all proceedings before scrutiny and calling for fresh nomination and fixing fresh date for scrutiny, it was held in the case Hiralal Patowary v.Ramakrishnan, [AIR 1964 Assam 74] that the notification canceling previous proceedings was illegal.