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Section 110 Procedure for withdrawal of election petitions - Representation of the People Act, 1951

What is the Procedure for withdrawal of election petitions? Section 110 of Representation of the People Act, 1951

Section 110 : Procedure for withdrawal of election petitions

(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.

(2) No application for withdrawal shall be granted if, in the opinion of the High Court, such application has been induced by any bargain or consideration which ought not to be allowed.

(3) If the application is granted -

(a) the petitioner shall be ordered to pay the costs of the respondents theretofore incurred or such portion thereof as the High Court may think fit;

 

(b) the High Court shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly;

(c) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.

   

 

 
 


The Representation of the People Act 1951

Section 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected

Section 102 Procedure in case of an equality of votes

Section 103 Communication of orders of the High Court

Section 104 Repealed

Section 105 Repealed

Section 106 Transmission of order to the appropriate authority, etc., and its publication

Section 107 Effect of orders of the High Court

CHAPTER IV - Withdrawal and Abatement of Election Petitions

Section 108 Repealed

Section 109 Withdrawal of election petitions

Section 110 Procedure for withdrawal of election petitions

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