Section 14(5) in The Gujarat Municipalities Act, 1963
(5)Declaration in case of corrupt practice by candidate:(a)If the Judge is satisfied-(i)that on the date of the election, the elected candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act; or(ii)that any corrupt practice has been committed by the elected candidate or his election agent or by any other person with the consent of the elected candidate or his election agent; or(iii)that any nomination has been improperly rejected; or(iv)that the result of the election, in so far as it concerns the elected candidate, has been materially affected by the improper acceptance of any nomination or by any corrupt practice committed in the interests of the elected candidate by an agent other than his election agent, or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or by any non-compliance with the provisions of this Act of any rules or orders made under this Act.the Judge shall set aside the election of the elected candidate and where the election is set aside, on a ground mentioned in item (i) or (ii), shall declare the candidate disqualified for the purpose of such fresh election as may be held under sub-section (2) of section 42.(b)Scrutiny of votes and declaration in other cases:-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 purposes 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 the total number of valid votes found to have been recorded in favour of the candidate or candidates, as the case may be, selected by lot to be drawn in the presence of the Judge in such manner as he may determine.
