(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected, is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void, if he had been the returned candidate and petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid, shall not be entitled to give such evidence unless he has, within fourteen days, from the date of commencement of the trial, given a notice to the Election Tribunal of his intention to do so and has also given the security and the further security referred to in sections 103 and 104 respectively.
(2) Every notice referred to in sub-section (1), shall be accompanied by the statement and the relevant particulars required under section 78 in the case of an election petition and shall be signed and verified in the like manner.
87. At the conclusion of the trial of an election petition, the Election Tribunal may make an order for, —
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or Decision of the Election Tribunal.
Recriminatio n when seat claimed.
Expenses of witness.
(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
88. Where any charge is made in the petition of any corrupt practice having been committed at the election, the Election Tribunal shall also make an order at the time of making an order under section 87 indicating—
(i) whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice;
(ii) the names of all persons, who have been proved at the trial to have been guilty of any corrupt practice; and
(iii) the total amount of costs payable and specifying the persons by whom these costs shall be paid and the persons to whom these 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) unless, —
(a) he has been given notice to appear before the Election Tribunal 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 Election Tribunal and has given evidence against him, of calling evidence in his defence and of being heard.