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State of Uttar Pradesh - Section

Section 26 in The U.P. Municipalities Act, 1916

26. Avoidance of election proceedings.

(1)Notwithstanding anything contained in the preceding section if the [District Judge] [Substituted by U.P. Act No. 17 of 1982.] in the course of hearing an election petition is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question have prevailed to such an extent as to render it advisable to set aside the whole proceedings, it shall pass a conditional order to this effect and give notice thereof to every candidate declared elected who has not already been made a party in the case calling upon him to show cause why such conditional order should not be made final.
(2)Thereupon every such candidate may appear and show cause, and may have recalled, for the purpose of putting question to him, any witness who has appeared in the case.
(3)The [District Judge] [Substituted by U.P. Act No. 17 of 1982.] shall thereafter either cancel the conditional order or make it absolute, in which case it shall direct the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to take measures for holding fresh election proceedings.Explanation. - In this clause the expressions "the election proceedings in questions" and the "whole proceedings" shall mean all proceedings (inclusive of nomination and declaration of election) taken in respect of a single poll, whether the poll be for the purpose of selecting one or more persons to represent a ward or otherwise.