Decision of Election Commissioner

J.

1. (1) If the Election Commissioner, after making such enquiry as he deems necessary, finds in respect of any person whose election is called in question by a petition that his election was valid, he shall dismiss the petition as against such person and may award costs at his discretion.
2. (2) If the Election Commissioner finds that the election of any person was invalid, it shall either-
   • (a) declare a casual vacancy to have been created; or
   • (b) declare another candidate to have been duly elected ; whichever course appears, in the circumstances of the case to be more appropriate and in either case, may award costs at his discretion.
3. (3) In the event of the Election Commissioner declaring a casual vacancy to have been created, it shall direct the Collector of the district or other authority prescribed in this behalf to take proceedings for filling the vacancy.
4. (4) All orders of the Election Commissioner shall, subject to the order passed in an appeal, if any, be final and conclusive : Provided that the Election Commissioner may, on application presented within one month from the date of any of the orders made under this section or under section 44-K by any person aggrieved review such order on any ground and may, pending decision in review, direct stay of operation of such order.