Section 20 in Karnataka Agricultural Produce Marketing Act 1966
20. Determination of validity of election.
(1)At any time within fifteen days from the date of publication under section 27 of the result of an election any candidate who stood for election or any person qualified to vote at that election may challenge the election by presenting an election petition by making the candidates at the election parties to the petition together with a deposit of two hundred rupees as security for costs in the prescribed manner to the [Civil judge] [Substituted by Act 38 of 2013 w.e.f. 16.3.2013.] within whose territorial jurisdiction the market yard of the market area concerned is situate for the determination of the validity of the election and claiming any or both of the following reliefs namely:-(a)a declaration that the election of all or any of the returned candidates is void;(b)a declaration that he himself or any other candidate has been duly elected.(2)The [Civil judge] [Substituted by Act 38 of 2013 w.e.f. 16.3.2013.] shall after such enquiry as he deems necessary pass an order,-(a)dismissing the election petition or(b)declaring the election of all or any of the returned candidates to be void or(c)declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.For the purpose of the said enquiry the [Civil judge] [Substituted by Act 38 of 2013 w.e.f. 16.3.2013.] may exercise any of the powers of a civil court. He may also award costs in such manner as he may deem fit and such costs shall be recoverable as if they had deem awarded under the Code of Civil procedure 1908 (Central Act 5 of 1908). If as a result of his order the declared result of an election is amended or set aside he shall forthwith communicate the order to the Deputy Commissioner. In the event of the election being set aside the Deputy Commissioner shall take the necessary steps for holding a fresh election.
