Section 100. Grounds for declaring election to be void

100. Grounds for declaring election to be void.—[4] [(1) Subject to the provisions of sub-section (2) if[2] [the High court] is of opinion — (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or this Act[5] [or the Government of Union Territories Act, 1963 (20 of 1963)]; or (b) that any corrupt practice 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 or any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate[6] [by an agent other than his 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 the Constitution or of this Act or of any rules or orders made under this Act, 2[the High Court] shall declare the election of the returned candidate to be void.] 7[(2)] If in the opinion of 2[the High Court], a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice[8] * but[2] [the High Court] is satisfied — (a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and[9] [without the consent], of the candidate or his election agent; 10* * * * * (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt[11] * practices at the election; and (d) that in all other respects the election was free from any corrupt[11] * practice on the part of the candidate or any of his agents, 1. Subs. by Act 27 of 1956, s. 54, for "no person shall be named" (w.e.f. 28-8-1956). 2. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966). 3. Subs. by Act 27 of 1956, s. 54, for sub-section (2) (w.e.f. 28-8-1956). 4. Subs. by s. 55, ibid., for sub-sections (1) and (2) (w.e.f. 28-8-1956). 5. The words "or the Government of part C States Act, 1951 (49 of 1951)" omitted by the A.O. (No. 2) order, 1956 (w.e.f. 1-11-1956). 6. Subs. by Act 58 of 1958, s. 30, for certain words (w.e.f. 30-12-1958). 7. Sub-section (3) re-numbered as sub-section (2) by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956). 8. The words and figures "specified in section 123" omitted by s. 55, ibid. (w.e.f. 28-8-1956). 9. Subs. by s. 55, ibid., for "without the sanction or connivance" (w.e.f. 28-8-1956). 10. Clause (b) omitted by Act 58 of 1958, s. 30 (w.e.f. 30-12-1958). 11. The words "or illegal" omitted by Act 27 of 1956, s. 55 (w.e.f. 28-8-1956). then[2] [the High Court] may decide that the election of the returned candidate is not void.