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Report No. 255

Chapter V: Costs and Security for Costs

117. Security for costs.- (1) At the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the rules of the High Court a sum of ten thousand two thousand rupees as security for the costs of the petition.

Provided that if the election bench of the High Court is satisfied that the petitioner was prevented by sufficient cause from depositing the said amount of ten thousand rupees, it may grant an extension of such time as it deems reasonable and dismiss the petition if the amount is not deposited within the specified extended period.

(2) During the course of the trial of an election petition, the election bench of the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct.

119. Costs.- Costs shall be in the discretion of the election bench of the High Court:

Provided that where a petition is dismissed under clause (a) of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the High Court shall make an order for costs in favour of the returned candidate.

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