(1)If the Tribunal is of opinion-(a)that the election has not been a free election by reason that the corrupt practice of bribery or of undue influence has extensively prevailed at the election; or(b)that the election has not been a free election by reason that coercion or intimidation has been exercised or resorted to by any particular community, group or section on another community, group or section, to vote or not to vote in any particular way at the election; the Tribunal shall declare the election to be wholly void.Explanation. - In clause (b) of this sub-section, the expression 'coercion' or 'intimidation' means any interference or attempt to interfere by whatever means with the free exercise of the right to vote or refrain from voting at an election, and includes a social or economic boycott of members of a community, group or section, or threat of such boycott, with intent to interfere with the free exercise of such right by those members.(2)Subject to the provisions of sub-section (3) If the Tribunal is of opinion-(a)that the election of a returned candidate has been procured or induced, or the result of the election has been materially affected, by any corrupt or illegal practice; or(b)that any corrupt practice specified in the rules made under section 200 has been committed by a returned candidate or his agent or by any other person with the connivance of a returned candidate or his agent; or(c)that the result of the election has been materially affected by the improper reception of any vote which is void, or by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act or of any other Act or rules relating to the election, or by any mistake in the use of any prescribed form;the Tribunal shall declare the election of the returned candidate to be void.(3)If in the opinion of the Tribunal, a returned candidate has been guilty by an agent other than his election agent, of any corrupt practice but the Tribunal is satisfied-(a)that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the sanction or connivance, of the candidate or his election agent;(b)that all such corrupt practices were of a trivial and limited character or took the form of customary hospitality which did not affect the result of the election;(c)that the candidate and his election agent took all reasonable means for preventing the commission of corrupt or illegal practices at the election; and(d)that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate or any of his agents;then the Tribunal may decide that the election of the returned candidate is not void.
