Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 100 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 100. Grounds for declaring election to be void

1[ (1) Subject to the provisions of sub-section (2) if 2[the High court] is of opinion-

(a) That on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act 3[or the Government of Union Territories Act,1963 (20 of 1963)]; or

(b) That any corrupt practice has been continued by a retuned candidate or his election agent or by other person with the consent of retuned candidate or his election agent; or

(c) That any nomination has been improperly rejected; or

(d) That the result of the election, in so far as it concerns a returned candidate, has been materially affected-

(i) By the improper acceptance or any nomination, or

(ii) By any corrupt practice committed in the interests of the returned candidate 4[by an agent other than his election agent], or

(iii) By the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or

(iv) By any noncompliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act,

5[the High Court] shall declare the election of the returned candidate to be void.]

6[(2) If in the opinion of 5[the High Court], a returned candidate has been guilty by an agent other than his election agent, of any corrupt practice 7[* **] but 5[the High Court] is satisfied-

(a) That no such corrupt practice was committed at there election by the candidate or his election agent, and every such corrupt practice was committed contrary to the order, and 8[without the consent], of the candidate or his election agent;

9[* * *]

(c) That the candidate and his election agent took all reasonable means for preventing the commission of corrupt 10[***] practices at the election: and

(d) That in all other respects the election was free from any corrupt 10[* * *], practice on the part of the candidate or any of his agents,

Then 5[the High Court] may decide fiat the election of the returned candidate is not void.

——————–

1. Subs. by Act 27 of 1056, sec. 55, for sub-sections (1) and (2)

2. Subs. by Act 27 of 1966, sea. 42, for “the Tribunal” (w.e.f. 14-12-1966)

3. Ins. by Act 20 of I963, sec. 57 and the Second Schedule, the words “or the Government of Part C States Act,1951 (49 of 1951)” were omitted by the Adaptation of Laws (No.2) Order,1956

4. Subs. by Act 58 of 1958, sec. 30, words.

5. Subs. by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f.14-12-1966)

6. Sub-section (3) renumbered as sub-section (2) by Act 27 of 1956, sec. 55

7. The words and figures “specified in section 123” omitted by Act 27 of 1956, sec. 55.

8. Subs. by Act 27 of 1956, sec. 55, for “without the sanction or connivance”

9. Clause (1)) omitted by Act 58 or 1958, sec. 30

10. The words “or illegal” omitted by Act 27 of 1956, sec. 55.

Previous | Next

The Representation of the People Act,1951

Indian Laws – Bare Acts

MyNation

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation