Representation of the People Act,1951
Act No : 43
Section :
Other orders to be made by the High Court.
99. Other orders to be made by the High Court. (1) At the time of making an order under section 98 2[the High Court] shall also make an order- 5 [(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 6* * * at the 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 costs payable and specifying the persons by and to whom costs shall be paid: Provided that 7[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 2 [the High Court] and to show cause why he should not be so named ; and --------------------------------------------------------------------- 1 The words "list of" omitted by Act 27 of 1956, s.52 2 Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f 14-12- 1966). 3 Subs. by Act 27 of 1956, s. 53, for "the returns candidate". 4 The word "or" and clause (d) omitted by s. 53, ibid. 5 Subs. by s. 54, ibid., for cl. (a). 6 The words "by, Or with the consent of, any candidate or his agent" omitted by Act 58 of 1958, s. 29. 7 Subs. by Act 27 of 1956, s. 54, for " no person shall be named". --------------------------------------------------------------------- 79 (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 1[the High Court] and has given evidence against him, of calling evidence in his defence and of being heard. 2[(2) In this section and in section 100, the expression "agent" has the same meaning as in section 123.]
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