- Notwithstanding anything contained in the proceeding section, if the Tribunal, in the course of hearing of an election, is of opinion that the evidence discloses -(i)that corrupt practices have prevailed at the election proceeding in question to such an extent as to render it advisable to set aside the whole proceedings; or(ii)the result of election has been materially affected by any non-compliance with this Act or any rules made thereunder or by any mistake in the forms required thereby or by any error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act or rules made thereunder; or(iii)the result of election has been materially affected by improper acceptance or refusal of a candidate's nomination; it shall set aside the whole proceedings and pass an order to this affect and shall direct the Magistrate of the district or other authority prescribed in this behalf to take measure for holding fresh election proceedings and if the election is set aside for any cause which is the result of facts of a candidate or his agent, may declare that the candidate to be disqualified for the purpose of such fresh election.Explanation. - In this section the expressions the election proceedings in question and the whole proceedings shall mean all proceedings (inclusive of nomination and declaration of election) taken in respect of a single poll in any Municipality.
