Section 101:
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 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.
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).