Section 14 in The Gujarat Municipalities Act, 1963
14. Determination of validity of elections.
(1)If the validity of any election of a councillor is brought in question by any person qualified to vote at the election to which such question refers or by any candidate for such election such person may, at any time within fifteen days after the date of declaration of the result of the election, apply to the District Court of the district within which the election has been or should have been held, for the determination of such question.(2)An inquiry shall thereupon be held by a Judge, not below the grade of an Assistant Judge appointed by the State Government specially for the case or for such cases generally; and such Judge may, after such inquiry as he deems necessary and subject to the provisions of sub-section (5), pass an order confirming or amending the declared result of the election, or setting the election aside for the purposes of the said inquiry the said Judge may summon and enforce the attendance of witnesses and compel them to give evidence as if he were a Civil Court, and he may also direct by whom the whole or any part of the costs of any such inquiry shall be paid. Such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (V of 1908). The decision or order shall be conclusive.(3)All applications received under sub-section (1)-(a)in which the validity of the election of councillors elected to represent the same ward is in question shall be heard by the same judge; and(b)in which the validity of the election of the same councillor elected to represent the same ward is in question shall be heard together.(4)Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), the Judge shall not permit (a) any application to be compromised or withdrawn or (b) any person to alter or amend any pleading, unless he is satisfied that such application for compromise or withdrawal or the application for such alteration or amendment is bona fide and not conclusive.(5)Declaration in case of corrupt practice by candidate:(a)If the Judge is satisfied-(i)that on the date of the election, the elected candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act; or(ii)that any corrupt practice has been committed by the elected candidate or his election agent or by any other person with the consent of the elected candidate or his election agent; or(iii)that any nomination has been improperly rejected; or(iv)that the result of the election, in so far as it concerns the elected candidate, has been materially affected by the improper acceptance of any nomination or by any corrupt practice committed in the interests of the elected candidate by an agent other than his election agent, or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or by any non-compliance with the provisions of this Act of any rules or orders made under this Act.the Judge shall set aside the election of the elected candidate and where the election is set aside, on a ground mentioned in item (i) or (ii), shall declare the candidate disqualified for the purpose of such fresh election as may be held under sub-section (2) of section 42.(b)Scrutiny of votes and declaration in other cases:-If in any case to which clause (a) does not apply, the validity of an election is in dispute between two or more candidates the Judge shall, after a scrutiny and computation of the votes recorded in favour of each candidate, declare the candidate who is found to have the greatest number of valid votes in his favour, to have been duly elected:Provided that for the purposes of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person, known or unknown, in giving or obtaining it:Provided further that after such computation, if an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, one additional vote shall be added to the total number of valid votes found to have been recorded in favour of the candidate or candidates, as the case may be, selected by lot to be drawn in the presence of the Judge in such manner as he may determine.(6)What is corrupt practice. - A person shall be deemed to have committed a corrupt practice within the meaning of sub-section (5)-(i)who, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any gratification or holds out any promise of individual profit, or holds out any threat of injury to any person or property; or(ii)who, with a view to inducing any person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, offers or gives any gratification or holds out any promise of individual profit, or holds out any threat of injury to any person, or property; or(iii)who gives, procures, or abets the giving of a vote in the name of a voter who is not the person giving such vote; or(iv)who hires or procures, whether on payment or otherwise, any vehicle or vessel for the conveyance of any voter to, or from, any polling station:Provided that-(a)the hiring of a vehicle or any vessel by a candidate for himself or for his family or an election agent shall not be deemed to be a corrupt practice under this clause;(b)the hiring of a vehicle or vessel by a voter or by several voters at their joint cost for the purpose of conveying him or them to, or from, any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel so hired is a vehicle or vessel or not propelled by mechanical power;(c)the use of any public transport vehicle or vessel or any tram-car or railway carriage by any voter at his own cost for the purpose of going to, or coming from, any such polling station shall not be deemed to be corrupt practice under this clause.Candidates when deemed to have committed corrupt practice. - and a corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent, or by a person who is acting under the general or special authority of such candidate with reference to the election.Explanation 1. - For the purposes of this section the term "gratification" is not restricted to pecuniary gratification or gratifications estimable in money, and includes all forms of entertainment and all forms of employment for reward.Explanation 2. - The expression "a promise of individual profit"-(i)Does not include a promise to vote for or against any particular measure which may come before a municipality for consideration, but(ii)subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.(7)Mere irregularities and informalities not to invalidate election. - If the validity of the election is brought in question only on the ground of any error by the officer or officers charged with carrying out the rules made under sub-section (5) of section (6), [or under [sub-section (2) of section 9] [These words, brackets, figures and letters were inserted by Gujarat 15 of 1978, section 6.]] or of any irregularity or informality not corruptly caused, the Judge shall not set aside the election.Explanation. - The expression "error" in this clause does not include any breach of or any omission to carry out or any non-compliance with the provisions of this Act or the rules made thereunder whereby the result of the election has been materially affected.(8)Disqualification of persons committing corrupt practice. - If the Judge sets aside an election under clause (a) of sub-section (5), he may, if he thinks fit, declare any person by whom any corrupt practice has been committed within the meaning of this section to be disqualified from being a candidate in that or any other municipal borough for a term of years not exceeding seven, and the decision of the Judge shall be conclusive:Provided however, that such person may, by an order which the State Government is hereby empowered to make, if it shall think fit, in that behalf, be at any time relieved from such qualification:Provided further that no such declaration shall be made in respect of any person without such person being given an opportunity to show cause why such declaration should not be made.
