Section 441B in The M.P. Municipal Corporation Act, 1956
441B. Grounds for declaring elections or [nominations] [Substituted by M.P. Act of 16 of 1994.] to be void.
(1)Subject to the provisions of sub-section (2), if the Court is of the opinion-(a)that on the dale of his election or [nominations] [Substituted by M.P. Act of 16 of 1994.] a returned candidate was not qualified or was disqualified, to be chosen as a [Mayor or a Councillor] [Inserted by M P. Act No. 18 of 1997.]; or(b)that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or(c)that any nomination paper has been improperly rejected; or(d)that the result of the election or [nominations] [Substituted by M.P. Act of 16 of 1994.], in so far as it concerns a returned candidate has been materially affected-(i)by the improper acceptance of any [nominations] [Substituted by M.P. Act of 16 of 1994.]; or(ii)by a corrupt practice having been committed in the interest of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or(iii)by the improper acceptance or refusal of any vote or reception of any vote which is void; or(iv)by the non-compliance with the provisions of this Act or of any rules or orders made thereunder save the rules framed under [Section 14] [Substituted by M.P. Act of 18 of 1997.] in so far as they relate to preparation and revision of list of voters.the Court shall declare the election of the returned candidate to be void.(2)If in the opinion of the Court a returned candidate has been guilty by an agent of any corrupt practice, but the Court is satisfied-(a)that no such corrupt practice was committed at the election or [nominations] [Substituted by M.P. Act of 16 of 1994.] by the candidate, and every such corrupt practice was committed contrary to the instructions, and without the consent of the candidate;(b)that the candidate took all reasonable means for preventing the commission of corrupt practices at the election or [nominations] [Substituted by M.P. Act of 16 of 1994.]: and(c)that in all other respects the election or [nominations] [Substituted by M.P. Act of 16 of 1994.] was free from any corrupt practice on the part of the candidate or any of his agents.then, the Court may decide that the election or [nominations] [Substituted by M.P. Act of 16 of 1994.] of the returned, candidate is not void.
