Section 403(5) in The Gujarat Provincial Municipal Corporations Act, 1949
(5)[ (a) In an enquiry under sub-section (3) into an application made under section 16 for a declaration that any particular candidate shall be deemed to have been elected, then the returned candidate or any other party thereto may give evidence to prove that the election of the person in whose favour such declaration is sought would have been void, if he had been declared elected and an application had been presented calling in question his election.(b)if after holding such enquiry the Judge is of opinion-(i)that the candidate in whose favour the declaration is sought has received a majority of the valid votes, or(ii)that but for the votes obtained by the returned candidate by corrupt practices, such candidate would have obtained a majority of the valid votes.the judge, in addition to declaring the election of the returned candidate to be void declare the candidate in whose favour the declaration is sought, to have been duly elected.] [Sub-section (5) was substituted for the original by Gujarat 13 of, 1961, Section 2.]
