(1) If the authorised officer is of the opinion––
(a) that on the date of his election the elected person was not qualified, or was disqualified to be elected under this Act ; or
(b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent ; or
(c) that any nomination has been improperly rejected ; or
(d) that the result of the election, in so far as it concerns the elected person, has been materially affected :––
(i) by the improper acceptance of any nomination ; or
(ii) by improper reception, refusal or rejection of any vote or the reception of any vote which is void ; or
(iii) by any non-compliance with the provision of this Act or any rule made under this Act ;
the authorised officer shall set aside the election of the elected person.
(2) When an election has been set aside under sub-section (1), a fresh election shall be held.
(a) that on the date of his election the elected person was not qualified, or was disqualified to be elected under this Act ; or
(b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent ; or
(c) that any nomination has been improperly rejected ; or
(d) that the result of the election, in so far as it concerns the elected person, has been materially affected :––
(i) by the improper acceptance of any nomination ; or
(ii) by improper reception, refusal or rejection of any vote or the reception of any vote which is void ; or
(iii) by any non-compliance with the provision of this Act or any rule made under this Act ;
the authorised officer shall set aside the election of the elected person.
(2) When an election has been set aside under sub-section (1), a fresh election shall be held.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 2A · Substitution of expression.Section 3 · Classification of municipalities.Section 4 · Procedure for declaring muni-cipal area.Section 5 · Notification of intention to include a local area in a municipal area.Section 6 · Notification of intention to exclude local area from a municipal area.Section 7 · Exclusion of local area from a municipal area.India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.