Section 428 in The City of Nagpur Corporation Act, 1948
428. Election petitions to be heard and disposed of by District Court.
(1)If the qualification of any person declared to be elected for being a Councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection by [the State Election Commissioner] [These words were substituted for the word 'Commissioner' by Maharashtra 41 of 1994, Section 104.] of a nomination or of the improper reception or refusal of a vote, or for any other cause, any person enrolled in the municipal election roll may, at any time within [ten] [This word was substituted for the word 'fifteen' by Maharashtra 12 of 1998, Section 86.] days from the date on which the election of a Councillor is notified under section 16, apply to the District Court. If the application is for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all candidates who, although not declared elected, had contested the election from the same ward [* * *] [The words 'or constituency, as the case may be' were deleted by Maharashtra 34 of 1965, Section 29.].(2)If the District Court, after making such inquiry as it deems necessary, finds that the election was valid election and that the person whose election is objected to is not qualified, it shall confirm the declared result of the election. If it finds that the person whose election is objected to is disqualified for being a Councillor, it shall declare such person's election null and void. If it finds that the election is not a valid election, it shall set it aside. In either case it shall direct that the candidate, if any, in whose favour next highest number of valid votes is recorded after the said person or after all the persons who were returned as elected at the said election, and against whose election no cause of objection is found, shall be deemed to have been elected.(3)The District Court's order shall be conclusive.(4)Every election not called in question in accordance with the foregoing provisions shall be deemed to have been to all intents a good and valid election.[Part XIII [Part XIII containing Chapter XL was deleted by Maharashtra 41 of 1994, Section 105.] Chapter XLTransitory Provisions][The Schedule] [The schedule was inserted by M. P. Act XXXIV of 1950, Section 7.](See section 58-A)
