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State of Jammu-Kashmir - Section

Section 105 in The Jammu and Kashmir Representation of the People Act, 1957

105. Recrimination when seat claimed.

(1)When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election :Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of the commencement of the trial, given notice to [the High Court] [Substituted by Act XI of 1967, for 'the Tribunal'.] of his intention to do so and has also given the security and the further security referred to in sections 125 and 126 respectively.
(2)Every notice referred to in sub-section (1) shall be accompanied by the statement and particulars required by section 91 in the case of an election petition and shall be signed and verified in like manner.