Section 44M in The Orissa Panchayat Samiti Act, 1959
44M. Grounds for which a candidate other than the returned candidate may be declared to have been elected.
- If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate claimed a declaration that he himself or any other candidate, has been duly elected and the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] 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 by a corrupt practice the petitioner or such other candidate would have obtained a majority of the valid votes;the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] shall alter 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.
