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State of Chattisgarh - Section

Section 22 in The Chhattisgarh Municipalities Act, 1961

22. Grounds for declaring election or nomination to be void [nomination] [Substituted by M.P. Act No. 17 of 1994.].

(1)Subject to the provisions of sub-section (2) if the Judge is of the opinion-
(a)that on the date of his election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] a returned candidate was not qualified or was disqualified, to be chosen as a [President or a Councillor] [Substituted by M.P. Act No. 18 of 1997.], or
(b)that any corrupt practice has been committed by 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 [nomination] [Substituted by M.P. Act No. 17 of 1994.], in so far as it concerns a returned candidate, has been materially affected-
(i)by the improper acceptance of any nomination; or
(ii)by the improper acceptance or refusal of any vote or reception of any vote which is void; or
(iii)by the non-compliance with the provisions of this Act or of any rules or orders made thereunder save the rules framed under [Section 32] [Substituted by M.P. Act No. 18 of 1997.] in so far as they relate to preparation and revision of list of voters;
he shall declare the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] of the returned candidate to be void.
(2)If in the opinion of the judge a returned candidate has been guilty by an agent of any corrupt practice, but the judge is satisfied-
(a)that no such corrupt practice was committed at the election or [nomination] [Substituted by M.P. Act No. 17 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 practice at the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.]; and
(c)that in all other respects the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] was free from any corrupt practice on the part of the candidate or any of his agents;
then, the Judge may decide that the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] of the returned candidate is not void.