Section 441D in The M.P. Municipal Corporation Act, 1956
441D. Decision of election petition.
(1)At the conclusion of the trial of an election petition, the Court shall make an order-(a)dismissing the election petition; or(b)declaring the election or [nominations] [Substituted by M.P. Act of 16 of 1994.] of all or any of the returned candidates to be void; or(c)declaring the election or [nominations] [Substituted by M.P. Act of 16 of 1994.] of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected or [nominations] [Substituted by M.P. Act of 16 of 1994.].(2)It any person who tiled an election petition has, in addition to calling in question the election or [nominations] [Substituted by M.P. Act of 16 of 1994.] of the returned candidate, claimed declaration, that he himself or any other candidate has been duly elected or [nominations] [Substituted by M.P. Act of 16 of 1994.] and the Court is of opinion-(a)that in fact the petition or such other candidate received a majority of the 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 the valid votes,the Court shall, after declaring the election or [nominations] [Substituted by M.P. Act of 16 of 1994.] of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected or [nominations] [Substituted by M.P. Act of 16 of 1994.].(3)At the lime of making an order under this section, the Court shall also make an order-(a)where any charge is made in the petition of any corrupt practice having been committed at the election or [nominations] [Substituted by M.P. Act of 16 of 1994.], recording-(i)a finding whether any corrupt practice has or has not been proved to have been committed at the election or [nominations] [Substituted by M.P. Act of 16 of 1994.], and the nature of that corrupt practice; and(ii)the name of all persons, if any, who have been proved at the trial 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 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 clause (a) unless-(a)he has been given notice to appear before the Court 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 Court and has given evidence against him, of calling evidence in his defence and of being heard.
