Section 403(4) in The Bombay Provincial Municipal Corporations Act, 1949
(4)All applications received under section 16-(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.[(5) (a) In an enquiry under sub-section (3) into an application made under section 16 for a declaration that any particular candidate shall be deemed to have been elected, then the returned candidate or any other party thereto may give evidence to prove that the election of the person in whose favour such declaration is sought would have been void, if he had been declared elected and an application had been presented calling in question his election.(b)if after holding such enquiry the Judge is of opinion-(i)that the candidate in whose favour the declaration is sought has received a majority of the valid votes, or(ii)that but for the votes obtained by the returned candidate by corrupt practices, such candidate would have obtained a majority of the valid votes.the judge, in addition to declaring the election of the returned candidate to be void declare the candidate in whose favour the declaration is sought, to have been duly elected.]
