Section 23 in The M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995
23. Decision.
(1)At the conclusion of the enquiry the specified officer shall make an order-(a)dismissing the election petition; or(b)declaring the election of all or any of the returned candidates to be void; or(c)declaring the election of all or any of the returned candidate to be void and the petitioner or any other candidate to have been duly elected.(2)II any person who has filed an election petition has in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the specified officer is of opinion-(a)that in fact the petitioner of such other candidate received a majority of valid votes; or(b)that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of valid votes;the specified officer shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.(3)At the time of making order under this rule, the specified officer shall also make an order-(a)Where any charge 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 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 the costs shall be paid :Provided that a person who is not party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless-(a)he has been given notice to appear before him and 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 specified officer and had given evidence against, of calling evidence in his defence and of being heard.
