Section 50(6) in The Orissa Municipal Corporation (Division of City into Wards, Reservation of Seats, and Conduct of Election) Rules, 2003
(6)The [Election Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.], after institution such inquiries as may be necessary, shall take steps to prosecute the persons or person whom he believes to be guilty of the offence of personation. If it is found, as a result of the judicial proceedings that the offence of personation has not been proved, the [Election Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall decide whether the whole or part of the deposit shall be declared forfeited and the amount so forfeited shall be credited to such funds as may be directed by the Election Commission. In coming to a decision on this point the [Election Officer] [Substituted vide O.G.E. No. 1404 dated 12.9.2003.] shall be guided by the fact and conclusions recorded at the proceedings. The deposit or such portion thereof as has not been declared forfeited shall be returned to the person who made the deposit.
