18. Decision of the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.].
(1)At the conclusion of the trail of an election petition the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] 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 candidates to be void and the petitioner or any other candidates to have been duly elected.(2)At the time of making an order under sub-section (1) the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] shall also make an order,-(a)where any charge is made in the petition of the 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 names of all persons, if any, who have been proved at the trail to have been guilty of any corrupt practice and the nature of that practice; and(b)fixing the total amount of the costs payable and specifying the person by and to whom 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) of the clause (a) unless,-(i)he has been given notice to appear before the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] and to show-cause why he should not be so named; and(ii)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 [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] and has given evidence against him, of calling evidence in his defence and of being heard.
