(a) is satisfied beyond reasonable doubt on an election petition that, contrary to law,
any votes of persons who are electors belonging to any class were precluded
from being cast; and
(b) determines that the result of the election may thereby have been substantially
affected;
the Court may order a fresh ballot on the part of that class of electors and may, to
the extent deemed meet by the Court, exercise in relation to the election, or its
result, any such other powers as are exercisable under subsection (1) in
consequence of any determination mentioned therein.
(3) It shall not be a ground for rectification of the result of an election that(a) any person purported to have been appointed to exercise powers or perform
duties referred to in article 162(1) (b) of the Constitution was not duly
appointed;
(b) the names of any persons have been wrongfully omitted from or included in any
preliminary list of electors, as modified for the purpose of bringing it into
conformity with the appropriate register of electors, unless the Court is satisfied
beyond reasonable doubt that such names were omitted or included as aforesaid
otherwise than in good faith;
(c) any illegality or irregularity was committed in the compilation or revision of
any register of electors unless the Court is satisfied beyond reasonable doubt
that such illegality
or irregularity, as the case may be, was committed otherwise than in good faith.
(4) Nothing in subsection (3) shall be construed to authorise the rectification of any
such result of an election as is not liable to be rectified apart from that subsection.
(5) The result of an election shall not be impugned on the ground that the application
of any elector entitled to vote by proxy so to vote was refused or that the application