104.
(1) On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely :
| | (a) the vote of any person whose name was not on the register of electors assigned to the polling station at which the vote was recorded; | | |
| | (b) the vote of any person whose vote was procured by bribery, treating, or undue influence ; | | |
| | (c) the vote of any person who committed or procured the commission of personation at the election ; | | |
| | (d) the vote of any person proved to have voted in more than one electoral district, or more than once in the same electoral district; | | |
| | (e) the vote of any person, who, by reason of the operation of paragraphs (e), (f), (g), (h), (i) and (j) of Article 89 of the Constitution, was incapable of voting at the election ; | | |
| | (f) the vote of any person who, not being entitled to vote in person at the election by reason of subsection (1) of section 23, voted in person at the election. | | |
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(2) The vote of a registered elector shall not, except in the case specified in paragraph (e) of subsection (1), be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register of electors. |
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(3) On a scrutiny, any tendered vote proved to be a valid vote shall, on the application of any party to the petition, be added to the poll. |
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