Amendment status not verified — confirm the current text below against the official source.
(1) No election shall be called in question except by an election petition presented in accor dance with the provisions of this section. (2) Such election petition shall be presented to the prescribed authority within forty-five days from the date on which the result of the election is notified. (3) An election petition calling in question any such election may be presented on one or more of the grounds specified in Section 62, by any candi date at such election or, by any elector of the ward concerned. (4i An election petition— (a) shall contain concise state ment of the material facts on which the petitioner relies ; (b) shall with sufficient particular set forth the ground or grounds on which the election is calle in question ; (cl shall be signed by the petition and verified in the manner laid d wn in the Code of Civil Procedure, 1908, for the verification of pleadings; and 63 (d) shall be accompanied by a sum of rupees two hundred and fifty for elect io petition. Appointment g] The procedure provided in the Gode of Civil judgeStnC t Procedure, 1908, (5 of 19081, in regard to the suits shall be followed by the Court of the District Judge as far as it can be made applicable in the trial and diiftfal cfanelection’pctition under this Act. Ground for g2. (1) Subject to the provisions of sub-section (2) K o n 7 to i f t h e D i s t r i c t J u d Se is o f pinion— be void. (a) that on -the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a Councillor .under this A ct; or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned can date or his agent; or (c) that any nomination paper 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 interests of the returned can didate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or (iiil by the improper acceptance or refusal of any vote or reception of any vote which is void; or (iv) by the non-compliance with the provisions of this Act or of any rules or orders made ; (vj the District Judge shall declare the election of the returned candidate to be void. 64 (2) If in the opinion of the District Judge, the agent of a returned candidate has been guilty of any corrupt practice, but the Judge is satisfied— (a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders; and without the consent of the candidate; (b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and (cl that in all other respects, the election was free from any corrupt practice on the part of the candidate or any of his agents; then the District Judge may decide that the election of the returned candidate is not void. Decision of