Section 63(2) in Gauhati Municipal Corporation Act, 1971
(2)If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or other candidate has been duly elected and the District Judge is of opinion -(a)That in fact the petitioner 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 District Judge shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be to have been duly elected.
