Amendment status not verified — confirm the current text below against the official source.
THE ANDAMAN AND NICOBAR EXTRAORDINARY.GAZEI'l'E, DEC. 8~ 1994 -------~----------- . (2) If the District judge finds tlw.t the electio~ 0+ any person w~ ~riv~lid.h~ shall either....- (a) declare a ceeue l vacancy to have arisen.or (b) declare another ~4idate to have been duly elected, which even course appears~in the particular circumstances of the case,to be more appropriate;and in either case the District judge may award costs in his dicretion. (3) In the event .of the,' District judge declaring a caElual vacancy to' have arisen,he shall direct the Municipality to take proceedings,for tilling the VdCdIlCY. Avoidance of elec-:- tion. 41.(1) Notwithstandinq anything contained in section 39.if th~ District judge.in'the couree of hearinq an elect.lon petition.is ~f the opinioo tho.t the ev iuence discloses \ that corrupt practices at the election proceedings in question,have preveiled to such an extent as to render it advif~le to set aside the whole of electron proceeurnqa.he shall paa.s a conditional order to this eftect and give notice there of to every candidate declared elected who has not . . already been ~~de a party in the case,calling upon such cenc idat.e to show 'cause why such conditional order' should not be IIIi1de final. (2) Thereupon every such candidate may eppeer and ahow cause, any may have re-called for the purpose of putting question to him, any witness who has appeared in the cese, (3) The Djstrict Judge shall thereafter either cancel the conditional order or make it absolute in which case he ahall direct the Municipality to take measures for holding fresh election proceedings. Disqualifi-