Withdrawal of petition

O.

1. (1) The petitioner may, at any time withdraw the election petition filed by him on payment to the respondent such cost as he might have incurred or such portion thereof as the Election Commissioner may direct : Provided that if there are more petitioners than one, no application to withdraw the election petition shall be made except with the consent of all the petitioners.
2. (2) No application to withdraw an election petition shall be granted if, in the opinion of the Election Commissioner, such application has been induced by any bargain or consideration which ought not to be allowed.
3. (3) If the application is granted-
   • (a) the Election commissioner shall direct that the notice of withdrawal shall be published in the Official Gazette and, in such other manner as he may specify and thereupon the notice shall be published accordingly ;
   • (b) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to the security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Election Commissioner may deem fit.