What are the Grounds for which a candidate other than the returned candidate may be declared to have been elected? Section 101 of Representation of the People Act, 1951
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the High Court 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 by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the High Court shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.
The Representation of the People Act 1951
Section 102 Procedure in case of an equality of votes
Section 103 Communication of orders of the High Court
Section 104 Repealed
Section 105 Repealed
Section 106 Transmission of order to the appropriate authority, etc., and its publication
Section 107 Effect of orders of the High Court
CHAPTER IV - Withdrawal and Abatement of Election Petitions
Section 108 Repealed