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Section 5: Powers of the State Election Commission

Local Authorities (Prohibition of Defection )ActState Act of Kerala · Act 11 of 1999

(1) Every petition under sub-section (1) of section 4 shallbedisposedof by the State Election Commussion in accordance with the procedure as applicable while trying a suit under the Code of Cavil Procedure, 1908 (Central Act 5 of 1908).

(2) The State Election Commission shall, while trying petition under sub-section (1), have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matter , namely.—

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) 1equiing the discovery and production of any document or other materials that may be produced as evidence;

(c) receiving evidence on afhdavit , °

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commission for taking from witness or document ;

131

(3) The State Election Commission shall be deemed to be a Civil Court and every proceeding before the Commission shall be deemed to be judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860)

Where this provision sits

ActLocal Authorities (Prohibition of Defection )Act
Section5
Marginal notePowers of the State Election Commission
JurisdictionState of Kerala
StatusIn force as published by the source

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