Section 441B in The Chhattisgarh Municipal Corporation Act, 1956
441B. Grounds for declaring elections or nominations 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 a returned candidate was not qualified or was disqualified, to be chosen as a Mayor or a Councillor; 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, in so far as it concerns a returned candidate has been materially affected-(i)by the improper acceptance of any nominations; 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 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 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: and(c)that in all other respects the election or nominations 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 of the returned, candidate is not void.
