Bribery etc. by candidate or illegal practice, voiding election in case of
164 Bribery etc. by candidate or illegal practice, voiding election in case of
If the Court of Disputed Returns finds that a candidate has committed or has attempted to commit bribery or undue influence and the candidate is elected, the Court must declare the candidate’s election void.
No finding by the Court of Disputed Returns shall bar or prejudice any prosecution for any illegal practice.
The Court of Disputed Returns shall not declare that any person returned was not duly elected, or declare any election void —
on the ground of any illegal practice committed by any person other than the candidate and without their knowledge or authority; or
on the ground of any illegal practice, other than bribery or corruption or attempted bribery or corruption, unless the Court is satisfied that the result of the election was intended to be and was actually affected thereby, and that it is just that the candidate should be declared not to be duly elected, or that the election should be declared void.
[Section 164 amended: No. 30 of 2023 s. 182.]
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