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State of Odisha - Section

Section 18 in Orissa Municipal Act, 1950

18. Power to question election by petition.

(1)The election of any person [* * *] [Inserted vide Orissa Act No. 5 of 1990 w.e.f. 20.4.1990 and omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] as a [* * *] [The words a Chairman or as a, were added vide Orissa Act No. 22 of 1978 and were deleted vide Orissa Act No. 8 of 1984 w.e.f. 6.12.1983.] Councillor may be questioned petition on the ground.
(a)that such person committed, during or in respect of the election proceedings, a corrupt practice as defined in Section 28; or
(b)that such person was declared to be elected by reason of the improper rejection or admission of one or more votes, or for any other reason was not duly elected by a majority of lawful vote; or
(c)that such person though enrolled as an elector was disqualified for election under the provisions of Sections 15, 16 and 29.
(2)The election of any person [* * *] [Inserted vide Orissa Act No. 5 of 1990 w.e.f. 20.4.1990 and omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] as a Councillor shall not be questioned-
(a)on the ground that the name of any person qualified to vote has been omitted from or the name of any person not qualified to vote has been inserted in the electoral roll;
(b)on the ground that an non-compliance with this Act or any rule or of any mistake in the forms required thereby or of any error, irregularity or informality on the part of the office or officers charged with carrying out the provisions of this Act or any rules, unless such non-compliance mistake, error, irregularity or informality has materially affected the result of the election.