Section 382

Section 382 of the Assam Municipal Corporation Act, 2022. Subject to the provisions of sub-section (2) below, if the District Judge is of opinion - (a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a Councillor under this Act, or (b) that any corrupt practice has been committed by a returned ca

(1) Subject to the provisions of sub-section (2) below, if the District Judge is of opinion - (a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a Councillor under this Act, or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or (c) that any nomination paper 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 interests of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or (iii) by the improper acceptance or refusal of any vote or reception of any which is void; or (iv) by the non-compliance with the provisions of this Act or of any rules or orders made; the District Judge shall declare the election of the returned candidate to be void.

(2) If in the opinion of the District Judge, the agent of a returned candidate has been guilty of any corrupt practice but the Judge is satisfied - (a) that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate; r (b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents; then the District Judge may decide that the election of the returned candidate is not void. Decision of the District Judge 383.

(1) At the conclusion of the trial of an election petition, the District Judge shall make an order- (a) dismissing the election petition; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected.

(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or other candidate has been duly elected and the District Judge is of opinion- (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that, but for the votes obtained by the returned candidate, the petitioner or such other candidate would have obtained a majority of the valid votes; the District Judge shall, after declaring the election of the returned candidate to be void, declare the petitioner such other candidate, as the case may be to have been duly elected. ndin (3) The District Judge after pronouncing orders made under this section shall send a copy thereof to the Corporation and the Government.

(4) Every order of the District Judge under this section shall take effect as soon as it is pronounced by him:

Provided that an application may be made to the District Judge's Court for stay of operation of an order made by him under this Section before the expiration of the time allowed for appealing therefrom and the District Judge may, on sufficient cause being shown and on such terms and conditions as he may think fit stay operation of the order, but on application for stay should be made to the District Judge after an appeal has been preferred to the High Court:

Provided further that where by any such order the election of a returned candidate is declared to be void, acts and proceedings in which that candidate has, before the date of the order, participated as a member of the Corporation shall not be invalidated by reason of that order.

Section 382, The Assam Municipal Corporation Act, 2022 (Act 8 of 2022).