(1) At the conclusion of the trial of an election petition the Judge shall make an order ---
(a) dismissing the election petition; or
(b) declaring the election or [nomination] of all or any of the returned candidate to be void; or
(c) declaring the election or [nomination] of all or any of the returned candidates to be void and the petitioner and any other candidate have been duly elected or [nominated].
(2) If any person who has filed an election petition has, in addition to calling in question the election or [nomination] of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected or [nominated] and the Judge is of opinion-- The Madhya Pradesh* Municipalities Act, 1961 12 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।
(a) that in fact the petitioner or such candidate received a majority of the void votes; or
(b) that but for the voted obtained by the returned candidate the petitioner or such other candidate would have obtained a majority if the valid votes;
the Judge shall, after declaring the election or [nomination] of the returned candidate, to be void, declare the petitioner or such other candidate as the case may be, to have been duly elected or [nominated].
(3) At the time of making an order under this section, the Judge shall also make an order --
(a) where any charge is made in the petitioner of any corrupt practice having been committed at the election or [nomination], regarding --
(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election or [nomination] and the nature of that corrupt practice; and
(ii) the names of all person, if any, who have been proved at the trial to have been guilty if 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 person who is not a party to the petition shall not be named in the order under subclause (ii) of (a) unless--
(a) he has been given notice to appear before the Judge and 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 crossexamining any witness who has already been examined by the Judge and has given evidence against him of calling evidence in his defence and of being heards.