(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
(2) No application for withdrawal shall be allowed if, in the opinion of the Election Tribunal, such application has been induced by any bargain or consideration which ought not to have been allowed.
(3) If the application is allowed, -
(a) the petitioner shall be ordered to pay the costs to the respondents incurred or such portion thereof, as the Election Tribunal may think fit;
(b) the Election Tribunal shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner, as it may specify and thereupon the notice shall be published accordingly;
(c) a person who might himself have been a petitioner, may, within fourteen days of such publication, apply to be substituted as Procedure for withdrawal of election petitions. .
Withdrawal of election petitions.
Effect of orders of the Tribunal.
petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms and conditions, as the Election Tribunal may deem fit.
97. When an application for withdrawal is allowed by the Election Tribunal and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 96 in place of the party withdrawing, the Election Tribunal shall report the fact to the Election Commission and thereupon the Election Commission shall publish the report in the Official Gazette.