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Section 99 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 99. Other orders to he made by the High Court

(1) All the time of making an order under section 98 1[the High Court] shall also make an order-

2[(a) Where any charge is made in the petition of any corrupt practice having been Committed at the election, recording-

(i) Finding whether any corrupt practice has or has not been proved to hive been committed 3[***] at election, and the nature of that 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 cost payable and specifying the persons by and to whom costs shall be paid:

Provided that 4[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 5[the High Court] and to show cause why lie 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 his already been examined by 6[the High Court] and his given evidence against him, of calling evidence in his defence and of being heard.

7[(2) In this section and in section I 00, the expression “agent” has the same meaning as in section 123.]

——————–

1. Subs. by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f. 14-15-1966.)

2. Subs. by Act 27 of 1956, sec. 54, for clause (a).

3. Certain words omitted try Act 58, sec. 29.

4. Subs. by Act 27 of 1956, sec. 54, for “no person shall be named” .

5. Subs. by Act 47 of 1966, sec. 42, for “the Tribunal” (w.e.f. 14-12-1966).

6. Subs. by Act 47 of 1966, sea. 42, for “the Tribunal” (w.e.f. 14-12-1966).

7. Subs. by Act 27 of 1956, sec. 54, for subsection (2).

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The Representation of the People Act,1951

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