(1) Subject to the provisions of this section, for the purposes of trial of a peiition the Council may require any person who in, its opinion is able to furnish information or produce documents relevant to the trial to furnish any such information or produce any such document.
(2) r^or the purposes of any such trial, the Council shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1&08, in respect of the following matters, namely: —
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(ci) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) such other matters as may be prescribed.
{3) Any proceeding before the Council shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code l • 1G No witness or other person shall be required to state for whom he has voted at an election.
17 (1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of a petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:
5 of 1908 45 of 1860.
SBC 1] THE GAZETTE OF INDIA EXTRAORDINARY 59 45 of I860, 43 of 1951,
Provided that—
(a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the Council; and
(b) an answer given by a witness to a question put by or before the Council shall not, except m the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Cede or Part VII of the Representation of the People Act, 1951, arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Ordinance or any other law
18. The reasonable expenses incurred by any person in attending to give evidence before the Council may be allowed by it to such person, and shall, unless the Council otheiwise directs, be deemed to be part of the costs.
19. (J) When in a petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may eive evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided- that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the Council of his intention to do so and has also given the security and the further security referred to in subjections (4), (5) and (6) respectively of section 8.
(2) Every notice referred to in sub-section (1) shall be accompanied b> the statement and particulars required bv section 10 in the case of a petition and shall be si'pied and verified in like manner.
20 At the conclusion of the trial of a petition the Council shall make an order—
(a) dismissing the petition; or
(b) declaring the election of all or any of the returned candi~ dates to be void; or
(c) declaring the election of all or any of the returned candidates to be void • and the petitioner or any other candidate to have been duly elected.
Expenses Of witnesses Recrimination when seat claimed.
Decision of the Council.
6o THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Other orders to be made by the Council.
Grounds for declaring election to be void.