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99. Other 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-

7[(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

8*** 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 1[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 2[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 2[the High Court] and has given evidence against him, of calling evidence in his defence and of being heard.

3[(2) In this section and in section 100, the expression "agent" has the same meaning as in section 123.]

1. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).

2. Subs. by Act 27 of 1956, s. 52, for "the publication of the election petition under section 90" (w.e.f. 28-8-1956).

3. The words "list of" omitted by s. 52, ibid. (w.e.f. 28-8-1956).

4. Subs. by s. 53, ibid., for "the returned candidate" (w.e.f. 28-8-1956).

5. The word "or" omitted by s. 53, ibid. (w.e.f. 28-8-1956).

6. Clause (d) omitted by s. 53, ibid. (w.e.f. 28-8-1956).

7. Subs. by s. 54, ibid., for clause (a) (w.e.f. 28-8-1956).

8. Certain words omitted by Act 58 of 1958, s. 29 (w.e.f. 30-12-1958).

Representation of the People Act, 1951 Back

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