Decision of the prescribed authority

Health196559 sections4 chapters

Part III Part III

Statutory text

(1) When an eIection petition his not been dismissed under section 38, Lhe prescribed authority shall inquire into the election petirjon and at the conclusionofthe~nquiryshdJmakeanorder-
- (a) dismissing the eledtion petition ; or
(6) setting aside the election.
(2) At the time of making an order under sub-section
- (I) the prescribed authority shd 1 also make an order-
- (a) where any charge is made in the petition of any cormpt practice having been committed at the election, recording-
  - (i) a finding whether any cormpt practice has orhas not been proved to have been committed at thc election and the nature of that c6mpt practice ; and
- (li) the names of a1 l persons, if any, who have been proved at the trial to have been guilty of any compt practice and the nature of that practice ; and
- (b) fixingthetotalamountofrx>stspayable,andspecifylngthe persons by andto whom costsshall be paid: Provided that a persan who is not a party to the petition shall notbenamedintheorderundersub-clause{ii)ofcIause~
- (u) unless--
  - (i) he has been given notice to appear befotl: the prescribed authority and to show cause why he should not be so named; and
  - (ii) if he appears in pu~uance of the notice, he has been given an opportunity of cross-examining any wimess who has already becn examined by thc prescribed authortiy and has given cvidence agaiflst him, of calling evidence in his defence and of being heard.

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