Section 242: Failure of returning officer to adjourn the poll—On an election petition

242. Failure of returning officer to adjourn the poll—On an election petition to declare an election null and void and to order a fresh election, the grounds relied upon were (i) failure of the returning officer to adjourn the poll after certain disturbances and (ii) general intimidation which resulted in the election not being a free one. HELD (i) the Court had power to invalidate elections on the ground, inter alia, of undue influence, which clearly included intimidation; (ii) (a) the evidence showed that there would have been no justification for an adjournment of the poll by the returning officer, and (b) the petitioners had failed to establish that there were reasonable grounds to believe that the election was not a free one and that the result was not in accordance with the will of the majority. Perrine v Foogooa (1967). G. Irregularity