Section 63Section 63

s. 63

63 (1) The High Court Division shall declare the election of the returned candidate to be void if it is satisfied that- (a) the nomination of the returned candidate was invalid; or (b) the returned candidate was not, on the nomination day, qualified for, or was disqualified from, being elected as a member; or (c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; or (d) a corrupt or illegal practice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent; or [(e) The returned candidate has spent more money than what is allowed under Article 44B(3).] (2) The election of a returned candidate shall not be declared void on the ground- (a) that any corrupt, or illegal practice has been committed if the High Court Division is satisfied that it was not committed by, or with consent or connivance of, that candidate or his election agent and that the candidate and the election agent took all reasonable precaution to prevent its commission; or (b) that any of the other contesting candidates was, on the nomination day, not qualified for, or was disqualified from, being elected as a member.

1. 200. Sub-clause (e) was added by section 15 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)