Amendment status not verified — confirm the current text below against the official source.
(I) If the Election Tribunal, after holding such inquiry as it deems fit in respect of an election petition, is satisfied that- (a) a candidate has committed any corrupt practice within the meaning of section 123 of the Representation of the People Act, 1951, or (b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder, or. (c) the result of the election has been vitiated by any offence punishable under any law for the time being inforce. It shall set aside the election of such candidate, if he has been elected, and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of fresh election caused by such setting aside : Provided that if the Election Tribunal in setting aside the election holds a candidate guilty of any corrupt practice, it may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years. Explanation- A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the people Act, 1951. Scrutiny of votes and declaration of confirmation of result. 78.(1)If the election petition is confined to the question of validity of votes cast or counting, the Election Tribunal shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result. (2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the Election Tribunal may, while deciding upon the election petition, declare such candidate duly elected ; (3) If after computation, there be an equality of votes among two or more candidates, the Election Tribunal shall select one among them by drawing lots. (4) If the Election Tribunal is satisfied that no ground exists for setting aside the election or modifying the results thereof, it shall confirm the election. Bar to jurisdiction of Court.