Section 19 of PVEA, 1952 : Section 19: Grounds For Which A Candidate Other Than The Returned Candidate May He Declared To Have Been Elected

Explanation using Example

Imagine a scenario where during the Presidential elections in India, Candidate A was initially declared the winner. However, Candidate B, who lost, files a petition challenging the election results due to alleged irregularities. In their petition, Candidate B also claims that they should have been the rightful winner.

The case goes to the Supreme Court, and upon investigation, it finds that Candidate B actually received the majority of valid votes. The Court then declares the election of Candidate A void and, following Section 19 of The Presidential and Vice-Presidential Elections Act, 1952, declares Candidate B as the duly elected President.

However, this declaration is contingent on the condition that Candidate B's election would not have been void due to any legal disqualifications or irregularities, had they been originally declared the winner.