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THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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(b) cause the decision to be published in such manner as the State Election Commission maydeem fit.191. Security for costs.— (1) At the time of presenting an election petition, the petitionershall deposit in the Munsiff s Court a sum of one thousand rupees as security or enclose with thepetition a Government treasury receipt showing that the deposit of the said amount has beenmade by him in a Government treasury in favour of the Munsiff as security for the costs of the petition.(2) During the course of the trial of an election petition, the court may, at any time, call upon thepetitioner to give such further security for costs as it may direct and if the petitioner fails to do so dismissthe petition.192. Security for costs from a respondent.— No person shall be entitled to be joinedas a respondent under sub-section (3) of section 169 unless he has given such security for costsas (he court may direct.193. Costs.— Costs shall be in the discretion of the court, provided that where a petitionis dismissed under clause (a) of section 176, the returned candidate shall be entitled to the costsincurred by him in contesting the petition and accordingly the court shall make an order for costsin favour of the returned candidate.194. Payment of costs out of security deposits and return of such deposits.—( 1 )Where in any order as to costs under the provisions of this Chapter there is a direction for payment ofcosts by any party to any person, such costs shall, if they have not been already paid, be paid in full or so faras possible, out of the security deposit and the further security deposit, if any, made by such party underthis Chapter on an application made in writing in that behalf within a period of one year, from the dateof such order to the court by the person in whose favour the costs have been awarded.(2) Where there is any balance left out of any of the said security deposits after payment under subsection(1) of the costs referred to in that sub-section, such balance, or where no costs have beenawarded or no application as aforesaid has been made within the said period of one year the whole ofthe said security deposits may, on an application made in that behalf in writing to the court by the personby whom the deposits have been made, or if such person dies after making such deposits, by the legalrepresentative of such person, be returned to the said person or to his legal representative, as the casemay be.195. Execution of orders as to costs.— Any order as to costs under the provisions ofthis Chapter may be produced before the principal civil court of original jurisdiction within thelocal limits of whose jurisdiction any person directed by such order to pay any sum of money hasa place of residence or business, and such court shall execute the order or cause the same to beexecuted in the same manner and by the same procedure as if it were a decree for the paymentof money made by itself in a suit:Provided that where any such costs or any portion thereof may be recovered by an applicationmade under sub-section( 1) of section 194 no application shall lie under this section within a period of oneyear from the date of such order unless it is for the recovery of the balance of any costs which hasbeen left unrealised after an application has been made under that sub-section owing to theinsufficiency of the amount of the security deposits referred to in that sub-section.CHAPTER XIGENERAL PROVISIONS REGARDING ELECTIONS196. Powers of the State Election Commission.— (I) The State Election Commissionshall in the performance of its functions under this Act have all the powers of a Civil Court, whiletrying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the

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