Section 39 in The Orissa Grama Panchayats Act, 1964
39. Grounds for declaring election void.
(1)The [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall declare the election of a returned candidate void, if he is of the opinion-(a)that on the date of his election the candidate was not qualified or was disqualified to be elected under the provisions of this Act or the rules made thereunder ; or(b)that any corrupt practice has been committed by the candidate; or(c)that any nomination paper has been improperly rejected or accepted; or(d)that such person was declared to be elected by reason of the improper rejection or admission of one or more votes for any other reason was not duly elected by a majority of lawful votes; or(e)that there has been any non-compliance with or breach of any of the provisions of this Act or of the rules made thereunder :Provided that in relation to matters covered by Clause (a) the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall have due regard to the decision, if any, made under Section 26 before making a declaration under this section.(2)The election shall not be declared void merely on the ground of any mistake in the forms required thereby or of any error, irregularity or informality on the part of the officer or officers charged with carrying out the provisions of this Act or of any rules made thereunder unless such mistake, error, irregularity or informality has materially affected the result of the election.
