Decision of the authorized officer

(1) Where an election petition has not been dismissed under section 165, the authorized officer shall inquire into the election petition and upon the conclusion of the inquiry: (a) dismiss the election petition; or (b) declare the election of all or any of the returned persons to be void; or (c) declare the election of all or any of the returned persons to be invalid and order that the petitioner or any other candidate be duly elected. (2) While passing an order under sub-section (1), the authorized officer shall also order: (a) where any corrupt practice committed in the election has been alleged in the petition, by recording whether the commission of any corrupt practice has been proved or not and the nature of such corrupt practice; and (ii) the names of all persons, if any, who are proved in the inquiry to be guilty of any corrupt practice and the nature of such practice; and (b) fixing the total amount of costs payable and specifying the persons by whom and to whom such costs shall be paid: Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless: (i) he has been given notice to appear before the authorized officer and show cause why he should not be so named; and (ii) if he appears in pursuance of the notice, he has been given an opportunity to cross-examine any witness who has already been examined by the authorized officer and has given evidence against him, and to give evidence in his defence.