Section 89 in The Orissa Municipal Corporation Act, 2003
89. Grounds for declaring elections to be void.
(1)Subject to the provision of Sub-section (2) if the District Judge is of the opinion -(a)that on the date of the election, a returned candidate was not qualified or was disqualified to be chosen as a Corporator under the provisions of this Act; or(b)that any corrupt practice has been committed by a return candidate or his agent or by any other person with the consent of a returned candidate or his agent; or(c)that any nomination paper has been improperly rejected; or(d)that the result of the election in so far as it concerns a return 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 a person other than that candidate or his agent, or a person acting with the consent of such candidate or his agent, or(iii)by the improper acceptance, refusal of any vote or rejection of any vote which is void, or(iv)by the non-compliance with the provisions of this Act or any rules or orders made thereunder,he shall declare the election of the returned candidate void.(2)If the District Judge is satisfied -(a)that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the order and without the consent of the candidate;(b)that the candidate took all measurable means for preventing the commission of corrupt practice at the election; and(c)that in all other respect, the election was free from any corrupt practice on the part of the candidate or any of his agents;he may decide that the election of the return candidate is not void.
