DNHP Regulations 105Chapter X · Miscellaneous

Section 105 · Findings of District Judge

(1)

If the District Judge, after making such inquiry as he thinks necessary, finds, in respect of any person whose election is called in question by a petition that his election was valid, the petition shall be dismissed against such person with cost.

(2)

If the District Judge, finds, that the election of any person was invalid, he shall, by an order, either-

(a)

declare a casual vacancy to have arisen, or

(b)

declare another candidate to have been duly elected, whichever course appears, in the particular circumstances of the case, to be more appropriate, and in either case the District Judge may award costs at his discretion.

(3)

In the event of the District Judge declaring a casual vacancy to have arisen, he shall send a copy of the order referred to in clause (a) of sub-section (2) to the Election Commission to initiate proceedings for filling the vacancy.

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