Bare ActsThe KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993

Section 19

Grounds for declaring election to be void

Amendment status not verified — confirm the current text below against the official source.

Grounds for declaring election to be void.- (1) Subject to the provisions of sub - section (2) if 2[1[the Designated Court]1]2 is of opinion,- (a) that on date of his election a returned candidate was not qualified, or was disqualified, to be chosen as a member under this Act; 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 candidate or his agent; or (c) that any nomination paper has been improperly rejected; or 54 (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 candidate by an agent; or (iii) by the improper reception , refusal or rejection of any vote or 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; 2[1[the Designated Court]1]2 shall declare the election of the returned candidate to be void. (2) If in the opinion of 2[1[the Designated Court]1]2, any agent of a returned candidate has been guilty of any corrupt practice, but 2[1[the Designated Court]1]2 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 order and without the consent of the candidate, (b) that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election, and (c) 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 2[1[the Designated Court]1]2 may decide that the election of the returned candidate in not void.

Section 19 – The KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 | DailyLaw.ai