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Section 22: Procedure

The Odisha Municipal Act, 1950State Act of Odisha · Act 23 of 1950

Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Code of Civil Procedure, 1908( V of 1908), in regard to suit, shall so far as it is not inconsistent with this Act or any rule, and so far as it can be made applicable, be followed in the hearing of election petitions:

Provided that–

(a) any two or more election petitions relating to the election of the same persons may be heard together,

(b) the Tribunal shall not be required to record or to have recorded the evidence in full but shall make a memorandum of the evidence sufficient in its opinion for the purpose of deciding the case;

1. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978.

2. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.

20 THE ORISSA MUNICIPAL MANUAL

(c) the Tribunal may, at any stage of the proceedings require the petitioner to give further security for the payment of all cost incurred or is likely to be incurred by any opposite-party and is within the time fixed by it or within such further time, as it may allow such security is not furnished, may dismiss the petition;

(d) the Tribunal for the purpose of deciding any issue, shall only be bound to require the production of, or to receive so much evidence, oral or documentary, as it considers necessary;

(e) there shall be no appeal either on a question of law or fact, and no application in revision against or in respect of the decision of the Tribunal;

(f) the Tribunal may review its decision on any point on the application of any person, considering himself aggrieved thereby if the application is presented within one month from the date of decision.

Where this provision sits

ActThe Odisha Municipal Act, 1950
Section22
Marginal noteProcedure
JurisdictionState of Odisha
StatusIn force as published by the source

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