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Section 296: Decision of the authorised officer

The Jammu and Kashmir Municipal Act, 2000Union territory Act of Jammu and Kashmir · Act 20 of 2000

(1) Where an election petition has been presented under section 285, the authorised officer shall inquire into the election petition and at the conclusion of the inquiry shall make an order ––

(a) dismissing the election petition ; or

(b) setting aside the election.

(2) At the time of making an order under sub-section (1) the authorised officer shall also make an order––

(a) where any change 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

(ii) the name 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 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 authorised officer and to show cause why he should not be so named ; and

(ii) if the person appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness, who has already been examined by the authorised officer and has given evidence against him, of calling evidence in his defence and of being heard.

Where this provision sits

ActThe Jammu and Kashmir Municipal Act, 2000
Section296
Marginal noteDecision of the authorised officer
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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