(1) At the time of making an order under section 20, the Council 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
(it) 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 (n) of clause (a) unless—
(a) he has been given notice to appear before the Council 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 Council and has given evidence against him, of calling evidence in his defence and of being heard.
(2) In this section and in section 22, the expression "agent" has the same meaning as in section 123 of the Representation of the People Act,
1951.
22 (1) Subject to the provisions of sub-section (2), if the Council is of opinionfa) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution or the Representation of the People Act, 1951 or his Ordinance or the Government of Union Territories Act, 1963; or
(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election, in so far as ft concerns the returned candidate, has been materially affected—
(i) by the improper acceptance of any nomination, or
(it) by any corrupt practice committed in the Interests of the returned candidate by an agent other than his election agent, or
(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which Is void, or 43 of 1951.
43 of 1951.
20 of 1963, • Stic 1] THE GAZETTE OF INDIA EXTRAORDINARY 61 43 of 1931
(iv) by any non-compliance with the provisions oi the Constitution or of this Ordinance or of any rules or orders inaciJ under this Ordinance, the Council shall declare the election of the returned candidate to be void.
(2) If in the opinion of the Council a returned candidate has been • guilty by an agent, other than his election agent, of any corrupt practice 'but tiie Council is satisfied—
(a) that no such corrupt practice was comihitted at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent;
(b> that the candidate and his election agent touk all reasonable means for preventing1 the commission oi coriupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the Council may decide that the election of the returned candidate is not void.
23. If any person who has lodged a petition1 has, in addition to calling in question the election of'the'returned candidate, Claimed a declaration that he himself or any other candidate has been duly elected and 4htf tbtiricll -is b* Ŷ pfoHbh—
(a) that in fact the petitioner or such other candidate received a majority o£ the valid votes; or
(b) that but for the votes obtained by the returned candidate 'by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Council shall after declaring the election of the returned candidate to be void declare the petitioner or sUch other candidate, as the case may be, to have been duly elected.
24. If during the trial of a petition it appearsi that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then—
(a) any decision made by the returning officer under the provisions of the Representation of the People Act, 1951, shall in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so far as the question is not determined by such a decision the Council shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
Grounds for which a candidate other than the returned candidate may be declared to have been elected.
Procedure In :ase of an equality of votes.
62 THE GAZETTE OF INDIA EXTRAORDINARY" [PART II— Decision of Council to be in accordance with the view of niaj'ority Commurj.
oation of orders of the Council Costs Orders of Council to be final Effect of Orderg °£ Court ril Withdrawal and abatement of p>©titions
35. If during the trial of a petition there is a difference of opinion among the members of the Council on any matter or if at the conclusion of the trial there is a difference of opinion among them regarding the orders to be made under section 20 or section 21, the opinion of the majority shall prevail and the orders of the Council shall be expressed in terms of the views of the majority
Provided that where the members are equally divided on any matter or with regard to any order to be made; the matter shall be decided or, as the case may be, the order shall be made, in accordance with the views of the members who concur with the Chairman 2J6 The Council shall, as soon as may be after the conclusion of the trial of a petition, intimate the substance of the decision to the Election Commission and the Speaker or the Chairman, as the case may be, of the House of Parliament and, as soon as, may be thereafter, shall send to the Election Commission an authenticated copy of the decision.
27. Costs shall be m the discretion of the Council1
Provided that where a petition is dismissed under clause (a) o£ section 20, the returned candidate shall be entitled to the costs Incurred by him in contesting the petition and accordingly the Council shall make an order for costs in favour of the returned candidate 28 No order made by a Council under this Ordinance shall be called in question in any court, 2J1, ( 0 An order made by a Council under this Ordinance shall take effect as soon as it is pronounced by the Council
(2) Where by an order under section 20 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, part'cipated as a member of Parliament or, as the Prime Minister or as the Speaker of the House cf the People shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penally on the ground of such participation,
CHAPTER V MISCELLANEOUS 30 The provisions of sect'ons 109 to 116 (both inclusive) of the Representation of the People Act, 1951, relating to withdrawal and abatement of election petitions shall, so far as may be, apply in relation to withdrawal and abatement of petitions under this Ordinance subject in th" modificat ons that the references therein to an election petition. High Couri and petitioner shall be construed as references to B petition under this Ordinance, the Council for hearing such petition and the petitioner in respect of such petition respectively 43 of 1*61.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 63