(1)At the conclusion of the trial of an election petition the Judge shall make an order-(a)dismissing the election petition; or(b)declaring the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] of all or any of the returned candidates to be void; or(c)declaring the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] of all or any of the returned candidates to be void and the petitioner and any other candidate have been duly elected or [nominated [Substituted by M.P. Act No. 17 of 1994.].(2)If any person who has filed an election petition has, in addition to calling in question the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected or [nominated] [Substituted by M.P. Act No. 17 of 1994.] and the Judge is of opinion-(a)that in fact the petitioner or such 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 Judge shall, after declaring the election or [nomination] [Substituted by M.P. Act No. 17 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 [ nominated] [Substituted by M.P. Act No. 17 of 1994.],(3)At the time of making an order under this section, the Judge 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 [nomination] [Substituted by M.P. Act No. 17 of 1994.], regarding-(i)a finding whether any corrupt practice has or has not been proved to have been committed at the election or [nomination] [Substituted by M.P. Act No. 17 of 1994.] and the nature of that corrupt practice; and(ii)the names of all person, 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 persons by and to whom costs shall be paid :Provided that 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 Judge 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 Judge and has given evidence against him of calling evidence in his defence and of being heards.
