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[Cites 0, Cited by 0] [Section 46] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 46(2) in The Jammu and Kashmir Homoeopathic Practitioners Act, 2003

(2)At the time of making an order under sub-section (1), the prescribed authority shall also make an order-
(a)where any charge is made in the petition of any 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 the persons, if any, w ho 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 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,-
(i)he has been given notice to appear before the prescribed authority 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 prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.