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 such manner as may be prescribed and before such authority as may be appointed by the Government, from time to time, by notification in the Official Gazette : Provided that no person below the rank of Assistant District Judge, in case of member of Vil.lage Council and District Judge, within the meaning of Article 236 of the Constitution, in case of member of the General Council, shall be appointed for the purpose. " ' THE ASSAM GAZETTE, EXTRAORDINARY, MAY 17, 2005 1585 Explanation. (2). No election shall be called into question except on anyone or more of the following grounds, namely:- (a) that on the date of his eleciHon the returned candidate was not qualified or was disqualified to be chosen to fill the seat in the Village Council or the General Council, as the case may be· · , (b) that corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of the returned 1.:andidate or his election agent. For this purpose, 'corrupt practic.c:' shall mean any Central Act of the corrupt practices specified in section 123 of 43 of 1951 the Representation of Peoples Act, 1951 . ( c ). that any nomination has been improperly rejected; · (d). that the result of the election in so far as it concem~ the returned candidates has been materially affected- (i) by the improper acceptance or any nomination ; or (ii) by any corrupt practice committed in the interest of the returned candidate by an agent other than his election agent; or (iii) by improper reception, refusal or rejection of any vote; or (iv) by reception of any vote which is void ; or (v) by any non-compliance with the provisions of this Act, or of any rules or order · made thereunder. 1586 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 17, 2005- Powers to make rules regulating the election of members " (3) At the conclusion of trial ol any election petition, the authority appointed under sub-section {I) shall make an order - (a) dismissing the election petition ; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned · candidates to be void and the petitioner or any other candidates to have been duly elected. ( 4) If a petitioner, in addition to calling in question the election of a returned candidate, make a declaration that he himself or any other candidate has been duly elected and the authority under sub-section (I) is of the op.inion that - (a) in fact the petitic,ner or such other candidate has received the majority votes, or (b) but for the votes obtained by the returned candidate by corrupt practice the petitioner 'or such other candidate would have been obtained the majority of · lhe valid votes, the authority as aforesaid 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.