Section 166: Order as to costs

166. Order as to costs.—(1) The Election Tribunal may, while making an order under section 154, also make an order determining the costs and specifying the persons by and to whom such costs are to be paid. (2) If in any order as to costs under sub-section (1), there is a direction for the payment of costs by any party to any person, such costs shall, if they have not already been paid, be payable in full and shall, upon application in writing in that behalf made to the Election Tribunal within ninety days of the order by the person to whom costs have been awarded, be paid, as far as possible, out of the security for costs deposited by such party. (3) Where no costs have been awarded against a party who has deposited security for costs, or where no application for payment of costs has been made within ninety days or where a residue remains after costs have been paid out of the security, the Election Tribunal shall, on application of the person who made the deposit of security or by his legal representative, return the security or the residue of the security to the person making the application. (4) If no application for refund of security or residue of the security is made after the expiry of ninety days of the final decision, such security or, as the case may be, residue of the security shall stand forfeited in favour of the Government. (5) If the order for payment of costs remains unsatisfied, the person to whom costs have been awarded by the Election Tribunal may file an application in the principal civil court of original jurisdiction of the district in which the person from whom the costs are to be recovered resides or owns property, or of the district in which the constituency, or any part of the constituency, or of a Province in case of election to the Senate, as the case may be, to which the disputed election relates is situated for recovery of the costs and the court shall execute an order for costs as if such order were a decree passed by that court. OFFENCES, PENALTIES AND PROCEDURES

Effective date: 2017-10-02

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