If during the trial of an election petition it appears that there is an equality of votes between candidates at the at one of them is to be eliminated then— election and th:
(a) any decision, made by the Returning Officer under the provision of these rules, shall, insofar as it determines the question between those candidates, be effective also for the purposes of petition; and
(b) so far as that question is not determined by such a decision, the Judge shall decide between them in accordance with the provisions of the instructions in Schedule II to these rules.
44. Taking effect of Judge's order—An order of the Judge under sub-rule
(2) of Rule 40 shall take effect from the date of the order.
as 45. Communication of order and transmission of record.— The Judge shall soon as may be after announcing the orders made by him under Rule 40 send a copy thereof each to State Electi issi District Magistrate. ction Commission, the State Government and the
46. Di . . .
sionseostl\igifiLO(fl secfuuty deposit and recovery of, costs.—(1) Subject to pro¥* Judge shall be re ) of Rule 41, costs, if any, awarded to any respondent by ¢ A hotanse ?othverable out of the security deposited under Rules 36 and vance of the security deposit, if any, shall be refunded to the petition®" ., (2) The ;
covére)d fririlog\se 22;}-] portion thereof, awarded to any respondent and 1%t ity deposit referred to in sub-rule (1) and costs payable to petitioner from any respond visions of sub-rule (2) OFRulee 2; shall be recoverable in accordance with the P*" 194 U.P. KSHETTRA PANCHAYAT & ZILA PANCHAYAT ADHINIVAM, 1951 ) (Ale
(3) While making his order under Rule 40 the Ju‘dge shall ajg, about the recovery of costs and the refulnd‘ of security deposits iniass Orge, with the provisions of this rule and the District Magistrate shall capy, :c"‘dan(:
der accordingly on receipt of a copy of the Judge's Orders under Ryje 45Ut o