(1) Save as other wise provide by this Regulation or by any rule made thereunder, the procedure provided in the Code of Civil Procedure, 1908. in regard to «viits shall in FO far as it may be applicable, be followed in the hearing of election petitions by the District Judge:
Provided that—
(a) two or more persons whose election is called in question may be made respondents to the same r a t i o n me! their rs^es may be tried at the same t'me, nnc1 inv two or innr" election petitions may be heard together: hut so far is is consistent with such joint tr iil or hearing, the petition shall be deemed to be a separate petition against each respondent;
(b) the District Judge shall not be required to record or have recorded the evidence in full, but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case;
(c) thp District Judfjp *mv nt pn^ stire of the proceedings, reauir-5 the petitioner to give security or fuither security for the payment of all costs incurred or likely to be incurred by any respondent; and
(d) the District Judge for the purpose of deciding any issue, shal onlv be bound to require the production of or to receive such evidence, oral or documentary as he may consider necessary.
(2) An order tor the payment of costs, or an order for the realization of securitv bond for co^s r""" -̂"! b i r the Di=+nct ,?idfp =M11 be executed in the same manner as if the amount to be recovered was an arrear of land revenut.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
40.(1) If the District Judge after making such inquiry as he thinks necessary, finds in respect of any person whose election is called in question by petition, that his election was valid, the petition all be dismissed against such person with costs.
(2) If the District Judge finds that the election of any person was invalid, he shall either—-
(a) declare a casual vacancy to have arisen, or
(b) declare another candidate to have been d'uly elected, which even course appears, in the particular circumstances of the case, to be more appropriate: and in either case the District Judge may award costs in his discretion,
(3) In the event of the District Judge declaring a causal vacancy to have arisen, he shall direct the Municipality to take proceedings for filling the vacancy. , landing of Distiict Judge.