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Section 19 – Grounds For Which A Candidate Other Than The Returned Candidate May He Declared To Have Been Elected

The Presidential and Vice-Presidential Elections Act, 1952

PART III: DISPUTES REGARDING ELECTIONS

Section 19: Grounds For Which A Candidate Other Than The Returned Candidate May He Declared To Have Been Elected

Bare Act

19 Grounds for which a candidate other than the returned candidate may he declared to have been elected - If any person who has lodged an election 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 Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme 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 :

Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election.

Simplified Act and examples below are previews.

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Simplified Act

Simplified Explanation of Section 19:

If someone challenges the result of a presidential or vice-presidential election throu

Explanation using examples

Imagine a scenario where during the Presidential elections in India, Candidate A was initially declared the winner. However, Cand