THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

(i) a finding whether any corrupt practice has or has not been proved to have beencommitted at the election, and the nature of that corrupt practice; and(ii) the names of all persons, if any, who has been proved at the trial to have beenguilty of any corrupt practice and the nature of that practice; and(b) fixing the total amount of costs payable and specifying the persons by and to whomcosts shall be paid:Provided that a person who is not a party to the petition shall not be named in the orderunder sub-clause (ii) of clause(a) unless,-(j) he has been given notice to appear before the court and to show cause why he shouldnot be so named; and(ii) if he appears in pursuance of the notice, he has been given an opportunity of crossexamining any witness who has already been examined by the court and has given evidence againsthim, of calling evidence in his defence and of being heard.178. Grounds for declaring election to he void.— (1) Subject to the provisions ofsub-section (2) if the court is of opinion-(a) that on the date of his election a returned candidate was not qualified, or was disqualified, tobe chosen to fill the seat under this Act; or(b) that any corrupt practice has been committed by a returned candidate or his electionagent 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*** [(ca) that the details furnished by the elected candidate under sub-section (1A) of section 108 were fake ;or."(d) that the result of the election, in so far as it concerns a returned candidate, has beenmaterially affected-(1) by the improper acceptance of any nomination; or(ii) by any corrupt practice committed in the interests of the returned candidate by an agentother than his election agent; or(iii) by the improper reception, refusal or rejection of any vote or the reception of any votewhich is void ; or(iv) by any noncompliance with the provisions of this Act or of any rules or orders madethere under, the court shall declare that the election of the returned candidate to be void.(2) If in the opinion of the court, a returned candidate has been guilty by an agent, otherthan his election agent, of any corrupt practice but the court is satisfied -(a) that no such corrupt practice was committed at the election by the candidate or hiselection agent, and every such corrupt practice was committed contrary to the orders, andwithout the consent, of the candidate or his election agent;(b) that the candidate and his election agent took all reasonable means for preventingthe commission of corrupt practices at the election; and(c) that in other respects the election was free from any corrupt practice on the part ofthe candidate or any of his agents, then, the court may decide that the election of thereturned candidate is not void.Explanation.— In this section the term 'agent' has the same meaning as in section 114.*** Section (ca) inserted by Seventh Amendment Act 37 of 2005, w.e.f 24-08-2005