(1)Subject to the provisions of sub-section (2) if the court is of opinion-(a)that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act; or(b)that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or(c)that any nomination has been improperly rejected; or(ca)[ that the details furnished by the elected candidate under sub-section (1A) of section 108 were fake ;or] [Inserted by Seventh Amendment Act 37 of 2005, w.e.f 24-08-2005.](d)that the result of the election, in so far as it concerns a returned candidate, has been materially affected-(i)by the improper acceptance of any nomination; or(ii)by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent; or(iii)by the improper reception, refusal or rejection of any vote or the reception of any vote which is void ; or(iv)by any noncompliance with the provisions of this Act or of any rules or orders made there under, the court shall declare that the election of the returned candidate to be void.
