99. Other orders to be made by the High Court.—
(1) At the time of making an order under
section 98 1[the High Court] shall also make an order—
7
[
(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 have been
committed 8*** 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 cost payable and specifying the persons by and to whom costs shall
be paid:
1. Subs. by Act 47 of 1966, s. 42, for “the Tribunal” (w.e.f. 14-12-1966).
2. Subs. by Act 27 of 1956, s. 52, for “the publication of the election petition under section 90” (w.e.f. 28-8-1956).
3. The words “list of” omitted by s. 52, ibid. (w.e.f. 28-8-1956).
4. Subs. by s. 53, ibid., for “the returned candidate” (w.e.f. 28-8-1956).
5. The word “or” omitted by s. 53, ibid. (w.e.f. 28-8-1956).
6. Clause
(d) omitted by s. 53, ibid. (w.e.f. 28-8-1956).
7. Subs. by s. 54, ibid., for clause
(a) (w.e.f. 28-8-1956).
8. The words “by, or with the consent of, any candidate or his agent” omitted by Act 58 of 1958, s. 29 (w.e.f. 30-12-1958).
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Provided that 1[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
(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 2[the High Court] and has given evidence against him,
of calling evidence in his defence and of being heard.
[
(2) In this section and in section 100, the expression “agent” has the same meaning as in
3
section 123.]