Section 26A(2)(e) in The Mumbai Municipal Corporation Act, 1888
(e)the candidate fails to be elected but secures [* * * *] [The words a first vote 'in the case of an election by Co-option, and, in the case of a ward election' were omitted by Bombay 32 of 1935, Section 3(b)(ii).] valid votes in excess of the number specified in sub-section (4).