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17. Other orders to be made by the Authority.-

(1) At the time of making an order under section 16, the Authority 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 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 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 the Authority 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 the Authority and has given evidence against him, of calling evidence in his defence and of being heard.

(2) In this section and in section 18, the expression "agent" has the same meaning as in section 123 of the Representation of the People Act, 1951 (43 of 1951).

Disputed Elections (Prime Minister and Speaker) Act, 1977 Back

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