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The Representation of the People Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 155 OF 1972 )

Chapter V

ELECTION DISPUTES

72. (1) The High Court Division shall, when making an order under Article 62, also make an order determining in its discretion 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 clause (1), there is a direction for the payment or 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 High Court Division within six months 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 the aforesaid six months, or where a residue remains after costs have been paid out of the security, such security or the residue thereof, as the case may be, shall, upon application in writing therefor by the person who made the deposit or by his legal representative, be returned by the High Court Division to the person making the application.
 
 
(4) Any order for costs may be enforced upon application in writing made to 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, to which the disputed election relates, is situated as if such order were a decree passed by that Court:
 
 
 
 
Provided that no proceeding shall be brought under this clause except in respect of costs which have not been recovered by an application under clause (2).
 
 

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