(1) When an election petition has not been Decision of the dismissed under section 38, the prescribed authority tfe~fribed au shall inquire into the election petition and at the on y.
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 prescribed authority shall also make an order-
(a) where any charge is made in the petition of any cor.rupt practice having been com mitted at the election, recording-
(i) a finding whether any corrupt practice has or has not been proved to have been 72'1. PUNJAB HOMOEOPATJ:lIC [1965 : Pb. Act 16 PRACTITIONERS 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 pres cribed authority and has given evidence against him, of calling evidence in his defence and of being heard.
Grounds for setting aside elec- 48. (1) If the prescribed authority is of the tion. opinion- '( a) that on the date of his election the electPd • person was not qualified or was disqualified, to be elected under this Act ; or
(b) that any corrupt practice has been com mitted by the elected person or his agent or by ·any other person with the consent of the elected person or his agent ; or ·(c) that any nomination has been improperly rejected; or • 1965 : Pb. Act 16] PUNJAB HOMOEOPATHIC PRACTITIONERS 723
(d) that the result of the election, in so far ac;
it concerns the elected person, has been materially affected- { i) by the improper acceptance of any nomi- Mtioo; m -
(ii) by the improper reception, refusal or re jection of any vote or the reception of any vote which is void ; or
(iii) by any non-compliance with the pro visions of this Act or of any rules made under this Act ; the prescribed autho ritv shall set aside the election of the elected person.
(2) When an election has been set aside under sub-section (1), a fresh election shall be held.
49. An election petition· shall abate only on the Abatement of death of a sole petitioner or of the survivor of several e,Iection petit ·t· tlon. pe 1 10ners.
'50. ( 1) Costs including pleaders' fee shall be in Costs and paythe discretion of the prescribed authority. ment thereof out of security deposits and return
(2) If in any order as to costs under the provi- of such deposits.
sions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit made by such party under this Part, or an application made in writin,g in that behalf within a period of one year from the date of such order to such authority as may be empowered in this behalf by the State Government by the person· in whose favour the costs have been awarded.
(3) If there is any balance left of the security deposit under this Pa:rt afte;r payment under sub section (2) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said Execution of orders as to costs.
Corrupt prac tices entaiITng disqualifica tions.
Rules.
724 PUNJAB HoMoEoPATHic [1965 : Pb. Act l& PRACTITIONERS ~ecurity deposit may, on an application made in that b€half in writing to the authority referred to in sub section (2) by the person by whom the security has been deposited or if such person dies after makincr such deposit, by the legal representative, of such pers~n, be returned to the said person or to his legal representa~ tives, as the case may be. I •
51. Any orders as to costs under the provisions of this Part may be produced before the principal civil court within the local limits of whose jurisdiction anv person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same proce dure as if it were a decree for the payment of money made by itself in a suit : i
Provided that where any I such cost or any portion thereof may be recovered by an application made under sub-section (2) of section 50, no application shall lie under this section within a. period of one year from the date of such orde.r unless it is for the recovery of the balance of any costs which has been left unrealis ed after an application has been made under that sub section owing to the insufficiency of the amount of the security deposit referred to in that sub-section.
52. The corrupt practicJs specified in Schedule II shall entail disqualification for membership of the Council for a period of five years counting from the date on which the finding of the prescribed autho.rity as to such practice has been given :
Provided that the State Government may, for reasons to be recorded, remove the disqualification or reduce the period thereof.
PART IV MISCELLANEOUS