Section 441D(2) in The Chhattisgarh Municipal Corporation Act, 1956
(2)It any person who tiled an election petition has, in addition to calling in question the election or nominations of the returned candidate, claimed declaration, that he himself or any other candidate has been duly elected or nominations and the Court is of opinion-(a)that in fact the petition or such other candidate received a majority of the valid votes; or(b)that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes,the Court shall, after declaring the election or nominations of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected or nominations.
