Section 176(4) in Haryana Panchayati Raj Act, 1994
(4)(a)If on the holding of such inquiry the Civil Court finds that a candidate has, for the purpose of election committed a corrupt practice within the meaning of sub-section (5), he shall set aside the election and declare the candidate disqualified for the purpose of election and fresh election may be held.(aa)[ If on holding such inquiry the Civil Court finds that - [Clause (aa) inserted by Haryana Act No. 17 of 2001 w.e.f. 1.5.2000.](i)on the date of his election a returned candidate was not qualified to be elected;(ii)any nomination has been improperly rejected; or(iii)the result of the election, in so far as it concerns a returned candidate, has been materially affected by improper acceptance of any nomination or by any corrupt practice committed in the interest of the returned 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 or violation of the provisions of the Constitution of India or of this Act, or any rules or orders made under this Act,election of such returned candidate shall be set aside and fresh election may be held.] [Substituted vide Haryana Act No. 10 of 1999.](b)If, in any case to which [clause (a) or clause (aa)] [Substituted by Haryana Act No. 17 of 2001 w.e.f. 1.5.2000.] does not apply, the validity of an election is in dispute between two or more candidates, the court shall after a scrutiny and computation of the votes recorded in favour of each candidate, declare the candidate who is found to have the largest number of valid votes in his favour, to have been duly elected :Provided that after such computation, if any, equality of votes is found to exist between any candidate 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 received in the favour of such candidate or candidates, as the case may be, elected by lot drawn in the presence of the judge in such manner as he may determine.
