article 18
Decision of the Civil Judge (Junior Division).
The Karnataka Gram Swaraj and Panchayat Raj Act, 1993Chapter III CONSTITUTION OF GRAMA PANCHAYATS AND STANDING COMMITTEES
18. Decision of 2[1[the Designated Court ]1]2.- (1) At the conclusion of the trail of an election petition 2[1[the Designated Court ]1]2 shall make an order, - (a) dismissing the election petition; or (b) declaring the election of all or any of the returned candidates to be void ; or (c) declaring the election of all or any of the returned candidate s to be void and the petitioner or any other candidates to have been duly elected. (2) At the time of making an order under sub -section (1) 2[1[the Designated Court ]1]2 shall also make an order, - 2. Subs tituted by Act 44 of 2015 w.e.f. 25.02.2016. (a) where any charge is made in the petition of the corrupt practice having been committed at the election, recording, - (i) a finding whether any corrupt practice has or has not been proved to have been com mitted at the election and the nature of that corrupt practice; and (ii) the names of all persons, if any, who have been proved at the trail to have been guilty of any corrupt practice and the nature of that practice; and (b) fixing the total amount o f the costs payable and specifying the person by and to whom 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 the clause (a) unless, - (i) he has been given notice to a ppear before 2[1[the Designated Court ]1]2 and to show - cause why he should not be so named; and (ii) if he appears in pursuance of the notice, he has b een given an opportunity of cross examining any witness who has already been examined by 2[1[the Designated Court ]1]2 and has given evidence against him, of calling evidence in his defence and of being heard.
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