Avoidance of election

(1) Notwithstanding anything contained in section 39, if the District Judge, in the course of hearing an election petition, is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question, have prevailed to such an extent as to render it advisable to set aside the whole of election proceedings, he shall pass a conditional order to this effect and give notice thereof to every candidate declared elected who has not already been made a party in the case, calling upon such candidate to show cause why such conditional order should not be made final. (2) Thereupon every such candidate may appear and show cause, and may have recalled for the purpose of putting question to him, any witness who has appeared in the case. (3) The District Judge shall thereafter either cancel the conditional order or make it absolute in which case he shall direct the Municipality to take measures for holding fresh election proceedings.