section 40
Grounds for which a Candidate other than the returned Candidate may be declared to have been elected
The Odisha Grama Panchayats Act, 1964If 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 Civil Judge (Junior Division) is of opinion-(a) that in fact the Petitioner or such other Candidate received a majority of the valid Votes; or (b) that but for the Votes obtained by the returned Candidate by a corrupt practice the Petitioner or such other Candidate would have obtained a majority of the valid Votes; he 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.
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