Section 76 in The West Bengal Municipal Elections Act, 1994
76. Setting aside of election. -
If the District Judge, after holding such inquiry as he deems fit in respect of an election petition, is satisfied that-(a)a candidate has committed any corrupt practice within the meaning of section 123 of the Representation of the People Act, 1951, or(b)the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder, or(c)the result of the election has been vitiated by any offence punishable under the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952,he shall set aside the election of such candidate, if he has been elected, and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of a fresh election caused by such setting aside:Provided that if the District Judge in setting aside the election holds a candidate guilty of any corrupt practice, he may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years.Explanation.- A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the People Act, 1951.
