Amendment of section 31, Rajasthan Act No. 18 of 2009

For the existing section 31 of the principal Act, the following shall be substituted, namely:- "31. Election Petition.- (1) An election petition calling in question an election of any person as member of a Municipality may be presented by any candidate at such election or any elector within one month from the date of election in the prescribed manner to the District Judge having jurisdiction over the municipal area. Explanation.- For the purpose of this section, "elector" means a person who was entitled to vote at the election to which election petition relates, whether he has voted at such election or not. (2) The election petition may be presented on one or more of the following grounds, namely:- (a) that on the date of election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act, or (b) that any corrupt practice specified in section 29 has been committed by a returned candidate or his election agent or by any other person, with the consent of a returned candidate or his election agent, or (c) that any nomination has been improperly rejected, or (d) that the result of the election, in so far as it concerns a 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 a person other than that candidate or his election agent or a person acting with the consent of such candidate or election agent, or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder, or (e) that in fact the petitioner or some other candidate received a majority of the valid votes, or (f) that, but for the votes obtained by the returned candidate by corrupt practices, the petitioner or some other candidate would have obtained a majority of the valid votes. (3) In hearing the election petition, the District Judge shall follow such procedure and exercise such powers as may be prescribed."