Section 101
Grounds for which a candidate other than the returned candidate may be declared to have been elected.
The Representation of the People Act, 1951
About this Act
An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
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 1
[the High Court] 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 corrupt 2 *** practices the petitioner or such other candidate would have obtained a majority of the valid votes,
1 [the High Court] shall after 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.
(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 corrupt 2 *** practices the petitioner or such other candidate would have obtained a majority of the valid votes,
1 [the High Court] shall after 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.
Notes
1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).
. The words "or illegal" omitted by Act 27 of 1956, s. 56 (w.e.f. 28-8-1956).
. The words "or illegal" omitted by Act 27 of 1956, s. 56 (w.e.f. 28-8-1956).