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[Cites 0, Cited by 0] [Section 6] [Entire Act]

Bombay Presidency - Subsection

Section 6(5) in Bombay Primary Education Act, 1947

(5)
(a)If on holding such inquiry the Judge finds that a candidate has for the purpose of the election committed a corrupt practice within the meaning of sub-section (6), he shall declare the candidate disqualified both for the purposes of that election and of such fresh election as may be held under sub-section (2), and shall set aside the election of such candidate if he has been elected.
(b)If, in any case to which Clause (a) does not apply, the validity of an election is in dispute between two or more candidates, the Judge shall after a scrutiny and computation of the votes recorded in favour of each such candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected:
Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person, known or unknown, in giving or obtaining it.