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Section 18 – The Presidential and Vice-Presidential Elections Act,1952

The Presidential and Vice-Presidential Elections Act,1952

Section 18. Grounds for declaring the election of a returned candidate to be void

(1) If the Supreme Court is of opinion-

(a) That the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the connivance of the returned candidate; or

(b) That the result of the election has been materially affected-

(i) By reason that the offence of bribery or undue influence at the election has been committed by any person who is neither the returned candidate nor a person acting with his connivance, or

(ii) By the improper reception or refusal of a vote or

(iii) By any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or

(c) That the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate or of any other candidate who has not withdrawn his candidature has been wrongly accepted;

The Supreme Court shall declare the election of the returned candidate to be void.

(2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IX-A of the Indian Penal Code (Act XLV of 1860).

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The Presidential and Vice-Presidential Elections Act,1952

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