Section 63 in Gauhati Municipal Corporation Act, 1971
63. Decision of the District Judge.
(1)At the conclusion of the trial of an election petition, the District Judge shall make 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 and any other candidate to have been duly elected.(2)If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or other candidate has been duly elected and the District Judge is of opinion -(a)That in fact the petitioner or such other candidate received a majority of the valid votes; or(b)That, but for the votes obtained by the returned candidate, the petitioner or such other candidate would have obtained a majority of the valid votes;the District Judge shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be to have been duly elected.(3)The District Judge after pronouncing orders made under this section shall send a copy thereof to the Corporation and the Government.(4)Every order of the District Judge under this section shall take effect as soon as it is pronounced by him:Provided that an application may be made to the District Judge's Court for stay of operation of an order made by him under this Section before the expiration of the time allowed for appealing therefrom and the District Judge may, on sufficient cause being shown and on such terms and conditions as he may think fit stay operation of the order, but on application for stay should be made to the District Judge after an appeal has been preferred to the High Court:Provided further that where by any such order the election of a returned candidate is declared to be void, acts and proceedings in which that candidate has, before the date of the order, participated as a member of the Corporation shall not be invalidated by reason of that order.
