Avoidance of election on election petition

(1) The election of a candidate as a member shall be declared to be void on an election petition on any of the following grounds which may be proved to the satisfaction of the Election Judge– (a) that by reason of bribery, treating, intimidation or misconduct, or other circumstances, whether similar to those before enumerated or not, the electors were prevented from electing the candidate whom they preferred; (b) noncompliance with the provisions of this Act relating to election if it appears that the election was not conducted in accordance with the principles laid down in such provisions and that such noncompliance affected the result of the election; (c) that bribery or treating was committed in connection with the election by the candidate REVISED EDITION 2018 38 or with his knowledge or consent or by any agent of the candidate; (d) that the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that such person had within seven years previous to such engagement been found guilty of bribery or treating by an (e) that the candidate was at the time of his election a person disqualified for election as a member. (2) No election shall be declared invalid by reason of any act or omission by the returning officer or any other person in breach of his official duty in connection with the election or otherwise of the provisions of this Act if it appears to the judge or the court having cognizance of the question that the election was so conducted as to be substantially in accordance with the law as to elections and that the act or omission did not affect its result.