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State of Odisha - Section

Section 44L in The Orissa Panchayat Samiti Act, 1959

44L. Grounds for declaring election void

(1)The [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] shall declare the election of a returned candidate void, if he is of the opinion-
(a)that such person committed during or in respect of the election proceedings a corrupt practice as specified in Section 44-N;
(b)that such person was declared to be elected by reason of the improper rejection or admission of one or more votes of for any other reason was not duly elected by a majority of lawful votes;
(c)that such person disqualified for election under the provisions of this Act. [* * *] [Deleted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dated 26.3.1993).];
(d)that any nomination paper has been improperly [rejected or] [Substituted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dated 26.3.1993).];
(e)[ that there has been any non-compliance with, or breach of any of the provisions of this Act or the rules made thereunder.] [Inserted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dated 26.3.1993).]
(2)The election shall not be declared void merely on the ground of any mistake in the forms required thereby or of any error, irregularity or informality on the part of the officer or the officers charged with carrying out the provisions of this Act or of any rules made thereunder unless such mistake, error, irregularity or informality has materially affected the result of the election.