Decision on election petition.--

1. (1) At the conclusion of the trial of an election petition the Judge shall make an order ---
   • (a) dismissing the election petition; or
   • (b) declaring the election or [nomination] of all or any of the returned candidate to be void; or
   • (c) declaring the election or [nomination] of all or any of the returned candidates to be void and the petitioner and any other candidate have been duly elected or [nominated].
2. (2) If any person who has filed an election petition has, in addition to calling in question the election or [nomination] of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected or [nominated] and the Judge is of opinion--

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (a) that in fact the petitioner or such candidate received a majority of the void votes; or
2. (b) that but for the voted obtained by the returned candidate the petitioner or such other candidate would have obtained a majority if the valid votes; the Judge shall, after declaring the election or [nomination] of the returned candidate, to be void, declare the petitioner or such other candidate as the case may be, to have been duly elected or [nominated].

1. (3) At the time of making an order under this section, the Judge shall also make an order --
   • (a) where any charge is made in the petitioner of any corrupt practice having been committed at the election or [nomination], regarding --
     • (i) a finding whether any corrupt practice has or has not been proved to have been committed at the election or [nomination] and the nature of that corrupt practice; and
     • (ii) the names of all person, if any, who have been proved at the trial to have been guilty if any corrupt practice and the nature of that practice; and
   • (b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid: Provided that person who is not a party to the petition shall not be named in the order under sub- clause (ii) of (a) unless--
   • (a) he has been given notice to appear before the Judge and show-cause why he should not be so named; and
   • (b) if he appears in pursuance of the notice, he has been given an opportunity of cross- examining any witness who has already been examined by the Judge and has given evidence against him of calling evidence in his defence and of being heards.