Section 153: Recrimination where seat is claimed

153. Recrimination where seat is claimed.—(1) Where in an election petition a declaration is claimed that a candidate other than the returned candidate has been elected, the returned candidate or any other respondent may produce evidence to prove that the election of such other candidate would have been declared void had he been the returned candidate and had a petition been presented calling his election in question. (2) The Election Tribunal shall not allow the returned candidate or other respondent to produce evidence under sub-section (1) unless he has, within the fourteen days next following the commencement of the trial, given notice to the Tribunal of his intention to produce such evidence and has also deposited the amount under section 142. (3) Every notice referred to in sub-section (2) shall be accompanied by a statement of the case, and all the provisions relating to the contents, verification, trial and procedure of an election petition, or to the security deposit in respect of an election petition, shall apply to such a statement as if it were an election petition.

Effective date: 2017-10-02

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