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State of Madhya Pradesh - Section

Section 21 in The M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995

21. Grounds for declaring election to be void.

(1)Subject to the provisions of sub-rule (2) if the specified officer is of opinion-
(a)that on the date of his election the returned candidate who was not qualified or was disqualified to be chosen to fill the scat under the Act; or
(b)that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election 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 returned candidate has been materially affected-
(i)by the improper acceptance of any nomination; or
(ii)by a corrupt practice having been committed in the interest of the returned candidate by a person acting with the consent of the candidate or his agent; or
(iii)by the improper acceptance, refusal or rejection of any vote or the reception of any vote which is void; or
(iv)by any non-compliance with the provisions of the Act or of any rules or orders made thereunder;
the specified officer shall declare the election of the returned candidate to be void.
(2)If in the opinion of the prescribed authority a returned candidate has been guilty by an agent of any corrupt practice, but the prescribed authority 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 instructions and without the consent of the candidate;
(b)that the candidate look all reasonable 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 agent;
then the prescribed authority may decide that the election of the returned candidate is not void.