Section 15(5) in The Maharashtra Village Panchayats Act, 1959
(5)(a)If on holding such enquiry the Judge finds that a candidate has for the purpose of the election committed a corrupt practice within the meaning of subsection (6) [* * *] [The words 'or submitted a false claim or a false Caste Certificate' were deleted by Maharashtra 37 of 2007, Section 4, w.e.f. 21.12.2006.] he shall declare the candidate disqualified for the purpose of that election and of such fresh election as may be held under [sub-section (2)] [These words, brackets and figure were substituted for the word and figures 'section 17' by Maharashtra 36 of 1965, Section 9(3).] and shall set aside the election of such candidate if he has been elected.(b)If, in any case to which clause (a) does not apply, the validity of an election is in dispute between two or more candidates, the Judge shall after a scrutiny and computation of the votes recorded in favour of each candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected:Provided that, for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person known or unknown, in giving or obtaining it:Provided further that, after such computation if an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, one additional vote shall be added to total number of valid votes found to have been received in favour of such candidate or candidates, as the case may be, selected by lot drawn in the presence of the Judge in such manner as he may determine.
