Section 89 in The Punjab State Election Commission Act, 1994
89. Grounds for declaring election to be void.
(1)Subject to the provisions of sub-section (2), if the Election Tribunal is of the opinion,-(a)that on the date of his election, a returned candidate was not qualified, or was disqualified to be chosen to fill the seat under the Constitution of India or under this Act; or(b)that any corrupt practice has been committed by a returned candidate or his election agent or by other person with the consent of a returned candidate or his election agent; or(c)that any nomination has been improperly rejected; or(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 interest of the returned candidate by an agent other than this election agent; or(iii)by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or(iv)by any non-compliance with the provisions of the Constitution of India or of this Act or of any rules or orders made under this Act;the Election Tribunal shall declare the election of the returned candidate to be void.(2)If in the opinion of the Election Tribunal, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice, but the Election Tribunal is satisfied,-(a)that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate or his election agent;(b)that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practice 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 agent;then the Election Tribunal may decide that the election of the returned candidate is not void.(3)In this section, the expression 'agent' has the same meaning as assigned to it in Explanation (1) given under clause (9) of section 108, but does not include election agent.
