109.—(1) A petitioner shall not withdraw an Assembly election petition without the leave of the election court or High Court on special application, made in the prescribed manner and at the prescribed time and place.
(2) The application shall not be made until the prescribed notice of the intention to make it has been given in the Assembly constituency or electoral region to which the petition relates.
(3) Where there is more than one petitioner, the application shall not be made except with the consent of all the petitioners.
(4) If a petition is withdrawn the petitioner shall be liable to pay the costs of a respondent.