(1) Save as otherwise provided by this Regulation or by any rule made thereunder, the procedure provided in the Code of Civil Procedure, 1908, in regard to suits shall, in so far 5 of I908 as it may be applicable, be followed in the hearing of election petition bythe District Judge: y i
Provided that-- 1
(a) two or more persons .whose election is calIed in question may be made respondents to the same petition and their cases may be tried at the same time and any two or more election petitions may be heard together but &.far as is consistent with such joint trial 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 menlorandum of evidence sufficient in his opinion for the purpose of deciding the case;
(c) the District Judge may, at any stage of the proceedings require the petitioner to give security or further security for the payment of all costs incurred or likely to be incurred by any respondent; and (4 the District Judge, for the purpose of deciding any issue shall only be bound to require the production of or to receive such evidence, oral or documentary, as he may consider necessaiy.
(2) An order for the payment of costs, or an order for the realisation of a security bond for costs passed by the District Judge shall be executed in such manner as may be prescribed.
98. ( I ) If the District Judge, after making such inquiry as he thinks necessary, finds, in respect of any persor. whose election is called in question by a petition that his election was valid, the petition shall be llislnrsscd again~t such persnn with cast.
. (2) If the District Judge finds that the election of any pelson was invalid, he shall either, --
(u) declare a casual vacancyto have arisen; or
(b) declare another candidate to have been duly elected, whichevm course appears, in the particular circumstances of the case, to be more appropriate, and ill cillltr case tlk District Judge may award costs a1 his discretion.
"; ".,"-",-,~"-"."-b- . . -- ~. (3.1 In the event of tile District Judge declaring a casual vacancy to liave arisen, h e y shall direct theElectio11 Co~~lmission to take proceedings for filling the vacancy . . . .
SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 2 5