Section 100 of Representation Of The People Act - Grounds for declaring election to be void

Description

(1) At the time of making an order under section 98 [the High Court]t 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 corrupt practice; and

(ii) the names 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 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-
(a) he has been given notice to appear before [the High Court] and to 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 High Court] and has given evidence against him, of calling evidence in his defence and of being heard.
[(2) In this section and section 100, the expression "agent" has the same meaning as in section 123.]

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