(1) Where an election petition has not been dismissed under section 39, the prescribed authority shall enquire into the election petition and at the conclusion of the inquiry shall make an order,-
1. Subs for "Union Territory of Himachal Pradesh" by A. O. 1973.
18 H. P. AYURVEDIC AND UNANI PRACTITIONERS ACT, 1968
(a) dismissing the election petition; or
(b) setting-aside the election.
(2) At the time of making an order under sub-section (1) the prescribed authority 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 not been proved to have been committed 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 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 (ii) of clause (a) unless,-
(i) he has been given notice to appear before the prescribed authority and to show cause why he should not be so named;
and
(ii) 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 prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.