Decision of the prescribed authority

General196327 sections

Statutory text

(1) Whex an election petition has not been dismissed under Decision of section 40, the prescribed authority shall inquire into thc election pet ition and the prescribed au[hori~y at rhe conclusion of [he inquiry shall make an order-
- (a) dismissing the elmion petition : or-
- (b) setling aside the clcction.
(2) AL ihe ti me of making an order under sub-section (I) the prcscri bed authority shill also make an order-
- (a) whereany chargeismadein the petitionof any corrupt praclice having been committed at the elcction. mording-
  - (i) a finding wherher.any corrupt pr~ctice has or has no[ kcn proved to have been committed a1 the elect ion and the narure of that corrupt pratice ; and
  - (ii) the niimes of all persons, if any, who have-been proved a[ [he [rial ro have been guilt-y of any corrupt practice and: the nature of that practice ; and
- (b) fixing he lotal amount of costs pay able, and specifying the persons by and to whom costs shall be paid : Provided that a person who is not a par~y to the petition shall not bc named in thc ordcr under su b-clause (ii) OF clnusc
- (rr) unless--
  - (i) hc has been given noticc to appear before the prcscribed authority and to show cause why he should not be so named : and
  - (ii) if he appears in pilrsuance of the notice, he has been given an opportunity bf cross-examining any witness who has'alieady been cxarnined by the prcscribed authority and has given evidencc againsr him. of calling evidence in his defencc and of being heard.

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