Section 165: Additional powers of Election Tribunal

165. Additional powers of Election Tribunal.—(1) If an Election Tribunal, on the basis of any material coming to its knowledge from any source or information laid before it, is of the opinion that a returned candidate was a defaulter of loan, taxes, government dues and utility expenses, or has submitted a false or incorrect declaration regarding payment of loans, taxes, government dues and utility expenses or has submitted a false or incorrect statement of assets and liabilities of his own, his spouse or his dependents it may, on its own motion or otherwise, call upon such candidate to show cause why his election should not be declared void and, if it is satisfied that such candidate is a defaulter or has submitted false or incorrect declaration or statement, as aforesaid, it may, without prejudice to any order that may be, or has been made on an election petition, or any other punishment, penalty or liability which such candidate may have incurred under this Act or under any other law for the time being in force, make an order— (a) declaring the election of the returned candidate to be void; and (b) declaring any other contesting candidate to have been duly elected if any of the conditions specified in section 157 are proved to the satisfaction of the Election Tribunal. (2) No order shall be made under sub-section (1) unless the returned candidate has been provided an opportunity of being heard.

Effective date: 2017-10-02

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