A petitioner may, in addition to claiming a declaration that the election of the returned candidate is void, claim a further declaration that he himself or any other candidate has been duly elected.
117. Trial of election petitions:(1) The District judge shall dismiss an election petition which does not comply with the provisions of rule 113.
Explanation: An order of the District Judge dismissing an election petition under this sub-rule shall be deemed to be an order made under clause (a) of rule 124.
SERIES - I (2015) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 50) Page -39
(2) Where more election petitions than one are presented to the District Judge in respect of the same election, he may, in his discretion, try them separately or in one or more groups.
(3) Any candidate not already a respondent shall, upon application made by him to the District Judge and subject to any order as the security for costs which may be made by the District Judge, be entitled to be joined as a respondent.
(4) The District Judge may, upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.
(5) The trial of an election petition shall, so far as is practicable consistently with the interests of justices in respect of the trial, be continued from day to day until its conclusion, unless the District Judge finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trial within six months from the date on which election petition is presented to the District Judge for trial.