Amendment status not verified — confirm the current text below against the official source.
Decision of 1[Civil Judge (Junior Division)] :– (1) If the 1[Civil Judge (Junior Division)] after making such enquiry, as he deems neces- sary, finds in respect of any person, whose election is called in question by a Petition that his election was valid, he shall dismiss the Petition as against such person and may award costs at his discretion. (2) If the 1[Civil judge (Junior Division)] finds that the election of any person was invalid, he shall either– (a) declare a casual vacancy to have been created; or (b) declare another Candidate to have been duly elected; whichever course appears, in the circumstances of the case to be more appropriate and in either case, may award costs at his discretion. (3) All orders of the 1[Civil Judge (Junior Division)] shall, subject to the provisions of Sub-Section (4), be final and conclusive : Provided that 1[Civil Judge (Junior Division)] may, on application pre- sented within one month from the date of any of the orders made under this Section by any person aggrieved, review such order on any ground and may, pending the decision in review direct stay of operation of such order : Provided further that no application for review under the preceding 35 proviso shall lie, if an appeal is preferred in accordance with the provisions of Sub-Section (4). (4) Any person aggrieved by an order of the 1[Civil Judge (Junior Division)] may within thirty days from the date of the order, prefer an appeal in such manner as may be prescribed before the Disdtrict Judge having jurisdiction who shall after giving the parties an opportunity of being heard, confirm, reverse, alter or modify the order of the 1[Civil Judge (Junior Division)] and pending disposal of such appeal may direct stay of operation of the said order. NOTES Section 38 (4) – Application filed under Section 31 of the Act, chal- lenging the rejection of nomination paper – Misc. case dismissed exparte – Appeal filed contending that no notice was served – Appeal notice also not sent – Writ application filed contending that proper service of notice is compulsory. Held, notice must be served – Mere tendering is not sufficient– order contrary to evidence is against law : 1986 (II) OLR 96.