The Prevention of Electoral Abuses Act, 1923

PART IV.

Excuses and Exceptions for Corrupt Practices, etc.

Report exonerating candidate in certain cases of corrupt and illegal practice by agents.

27.—Whenever an election court reports that a candidate has been guilty by his agents of the offence of treating and undue influence and illegal practice or of any of such offences and further that the candidate has proved to the court—

(a) that no corrupt or illegal practice was committed at such election by the candidate or his election agent and that the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candidate or his election agent; and

(b) that such candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at such election; and

(c) that the offences mentioned in the said report were of a trivial, unimportant, and limited character; and

(d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents;

the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Act.