Other orders to be made while disposing of the petition

§70

Summary

If the petition has not otherwise been dismissed in the course of hearing, the District Judge shall at the conclusion of the trial of an election petition make an order— (a) dismissing the election petition ; or (b) declaring the election of all or any of the returned candidates to be void ; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. 70. At the time of making an order under section 69 the District Judge shall also make an order— (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording— (i) a finding whether any corrupt practice has or has not been proved to have been committed by, or with the consent of , any candidate or his agent 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 costs payable, and specifying the persons by and to whom costs shall be paid : Provided that no person shall be named in the order under subclause (ii) of clause (a) unless (a) he has been given notice to appear before the District Judge 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-examined by the District Judge and has given evidence against him, of calling evidence in his defence and of being heard.

If the petition has not otherwise been dismissed in the course of hearing, the District Judge shall at the conclusion of the trial of an election petition make an order— (a) dismissing the election petition ; or (b) declaring the election of all or any of the returned candidates to be void ; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. 70. At the time of making an order under section 69 the District Judge shall also make an order— (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording— (i) a finding whether any corrupt practice has or has not been proved to have been committed by, or with the consent of , any candidate or his agent 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 costs payable, and specifying the persons by and to whom costs shall be paid : Provided that no person shall be named in the order under subclause (ii) of clause (a) unless (a) he has been given notice to appear before the District Judge 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-examined by the District Judge and has given evidence against him, of calling evidence in his defence and of being heard.

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