Section 44O in The Orissa Panchayat Samiti Act, 1959
44O. Withdrawal of petition
- [(1)] [Re-numbered vide Orissa Act No. 19 of 1972.] The petitioner may, at any time withdraw the election petition filed by him on payment to the respondent such cost as he might have incurred or such portion thereof as the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] may direct :Provided that if there are more petitioners than one, on application to withdraw the election petition shall be made except with the consent of all the petitioner.(2)[ No application to withdraw an election petition shall be granted if, in the opinion of the [Civil Judge (Senior Division)] [Inserted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dated 18.4.1994).], such application has been included by any bargain or consideration which ought not to be allowed.(3)If the application is granted-(a)the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as he may specify and thereupon the notice shall be published accordingly;(b)a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in Place of the party withdrawing and upon compliance with the conditions, if any, as to the security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the [Civil Judge (Senior Division)] [Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dated 7.9.2001).] may deem fit.]
