109. Procedure for withdrawal of election petition

  1. If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent in writing of all the petitioners.
  2. No application for withdrawal shall be granted if, in the opinion of the court and if the court is satisfied that such application has been induced by any bargain or consideration which ought not to be allowed.
  3. If the application is granted –
    1. the petitioner shall be ordered to pay the costs of the respondents thereto for incurred or such portion thereof as the court may think fit;
    2. the court shall direct that the notice of withdrawal shall be published in the office of the court and also in the office of the panchayat concerned;
    3. a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in the place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted, and to continue the proceedings upon such terms as the court may deem fit.