99Other orders to be made by the High Court
(1) At the time of making an order under section 98 1[the High Court] shall also make an order—
2[(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording—
(i) finding whether any corrupt practice has or has not been proved to have been committed 3*** 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 trial to have been guilty of any corrupt practice and the nature of that practice; and]
(b) fixing the total amount of cost payable, and specifying the persons by and to whom costs shall be paid:
Provided that 4[a person who is not a party to the petition shall not be named] in the order under sub-clause (ii) of clause (a) unless—
(a) he has been given notice to appear before 1[the High Court] and to show cause why he should not be so named; and
(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by 1[the High Court] and has given evidence against him, of calling evidence in his defence and of being heard.
5(2) In this section and in section 100, the expression agent has the same meaning as in section 123.]
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1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).
2. Subs. by s. 54, ibid., for clause (a) (w.e.f. 28-8-1956).
3. Certain words omitted by Act 58 of 1958, s. 29 (w.e.f. 30-12-1958).
4. Subs. by Act 27 of 1956, s. 54, for "no person shall be named" (w.e.f. 28-8-1956).
5. Subs. by Act 27 of 1956, s. 54, for sub-section (2) (w.e.f. 28-8-1956).
- 86 Trial of election petitions
- 87 Procedure before the High Court
- 93 Documentary evidence
- 94 Secrecy of voting not to be infringed
- 95 Answering of criminating questions and certificate of indemnity
- 96 Expenses of witnesses
- 97 Recrimination when seat claimed
- 98 Decision of the High Court
- 99 Other orders to be made by the High Court
- 100 Grounds for declaring election to be void
- 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected
- 102 Procedure in case of an equality of votes
- 103 Communication of orders of the High Court
- 104 [Omitted.]
- 105 [Omitted.]
- 106 Transmission of order to the appropriate authority, etc., and its publication
- 107 Effect of orders of the High Court