& (1) The election of any person as a
member of a Municipality may be questioned by an election
petition filed within one month from the date of election before the
District Judge having territorial jurisdiction over the municipal
area on one or more of the following grounds, namely:&
(a) that on the date of election a returned candidate was
not qualified, or was disqualified, to be chosen to
fill the seat under this Act, or
(b) that any corrupt practice specified in section 29 has
been committed by a returned candidate or his
election agent or by any other person, with the
consent of a returned 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 of any
nomination, or
(ii) by any corrupt practice committed in the
interest of the returned candidate by a person
other than that candidate or his election agent
or a person acting with the consent of such
candidate or 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 non-compliance with the provisions of
this Act or of any rules or orders made
thereunder, or
(e) that in fact the petitioner or some other candidate
received a majority of the valid votes, or
(f) that, but for the votes obtained by the returned
candidate by corrupt practices, the petitioner or some
other candidate would have obtained a majority of the
valid votes.
(2) In hearing the election petition, the District Judge shall
follow such procedure and exercise such powers as may be
prescribed.
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