(1) Subject to the provisions of this section, for the purposes of trial of a petition the Council may require any person who in its opinion is able to furnish miormation or produce documents relevant to the trial to furnish any such information or produce any such document.
(2) For the purpose 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, 1908, in respect of the following matters, namel y -
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions fur 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 withm the meanirig of section 193 of the Indian Penal Code.
27. No witness or other person shall be required to state for whom he has voted at an election.
28. (I) 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
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 in 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 5 of 1908, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49 '3 of 1951 the Indian Penal Code arising out of the matter to which such certificate relates.
29. 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 otherwise directs, be deemed to be part of the costs.
30. 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 the returned candidate to be void.
31. At the time of making an order under section 30, the Council shall also make an order fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid,
32. {]) If the Council is of opinion.—
(a) that the corrupt practice of bribery or undue influence at the election has been committed by the returned candidate or by any person with the consent of the returned candidate; or
(b) that the result of the election has been materially affected—
(i) by the Improper reception or refusal of a vote; or-
(ii) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or
(ivi) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or
(c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted.
the Council shall declare the election of the returned candidate to be void.
(2) For the purposes of this section, the corrupt practice of bribery and undue influence at an election shall have the same meanings as in the Representation of the People Act, 1951.
33. If during the trial of a petition there is a difference of opinion among the members of the Council on any matter or if at the conclusion of the trial there is a difference of opinion among them regarding the oiders to be made under section 30, or section 31, the opinion of the majority shall prevail and the orders of the Council shall be expressed in terms of the views of the majority:
4fi of I860.
Expenses of wit nesses Decision of the Council.
Order as to costs.
Giounds for declaring the election of a returned candidate to be void.
Decision of Council to be in accordance with the view of majority.
50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Transmission of orders to the Central Govern, ment and it9 publication.
Costs.
Orders of Council to be final.
Effect of orders of Council WithdrawaJ and abatement of petitions Payment of costs out of security deposits and return of such deposits.
Provided that where the members are equally divided on any matter or with regard to any order to be made, the matter shall be decided or, as the case may be, the order shall be made, in accordance with the views of the members who concur with the Chairman.
34. The Council shall, after making its order under section 30, send a copy of that order to the Central Government, and on receipt of such copy the Central Government shall forthwith cause the order to be published in the Officia] Gazette.
35. Costs shall be in the discretion of the Council;
Provided that where a petition is dismissed, under clause (a) of section 30, the returned candidate shall be entitled to the costs Incurred by him in contesting the petition and accordingly the Council shall make an order for costs in favour of the returned candidate.
36. No order made by a Council under this Part shall be called in question in any court.
37. Ari order made by a Council under this Part shall take effect as soon as it is pronounced by the Council.
38. The provisions of section 10y to 116 (both inclusive) of the Representation of the People Act, 1951, relating to withdrawal and abatement of election petitions shall, so far as may be, apply in relation to withdrawal and abatement of petitions under this Part subject to the modifications that the references therein to an election petition, High Court and petitioner shall be construed as references to a petition under this Part, the Council for hearing such petition and the petitioner in respect of such petition, respectively.
39. {!) If in any order as to costs under the provisions of this Part, there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be p a ^ m full or so fai as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part on an application made m writing in that behalf within a period of one year, from the date of such order to the Election Commission by the person in whose favour the-costs have been awarded.
(2) If there is any balance left of any of the said security deposits after payment under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposits may, on an application made in that behalf in writing to the Election Commission by the person by whom the deposits have been made, or if 43 of 1951.
Sic 1] THE GAZETTE OF INDIA EXTRAORDINARY 15 such person dies after making such deposits, by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be
40. Any order as to costs under the provisions of this Part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is withm a Presidency town, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:
Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (1) of section 39, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposits referred to in that sub-section'.
4 In Part IV of the principal Act—
(t) section 20A Bhall be renumbered as flection 41;
(ii) section 21 shall be renumbered as section 42 and in section 42 as so renumbered, in sub-section (2), for clause (j) the following clauses shall be substituted, namely: — " (j) the steps to be taken for convening a Council and for filling of casual vacancies in a .Council;
(k) the deposit or further deposit to be made by the petitioner as security for the costs;
(I) the procedure for the trial of a petition under this Act;
(m) the appointment of officers and other employees for assisting the Councils in the discharge of their functions and the conditions of service of s^ch officers and other employees;
(n) the custody of deposits made under Part III, the payment of costs out of such deposits on an application made under section 39 and other matters relating to the disposal of such applications;
(o) the fees, if any, payable in respect of any petition or application under Part III;
. (p) any other matter which has to be prescribed by or provided for by rules made under this Act.".
(iil) section 22 shall be renumbered as section 43;
Execution ofordejj at to carts ment <rf Part IV, f t T m G A S E T T P i Q i r I N D I A ^ T I V V Q & D l W f t Y [ P A S T ! ! - , - « • * I t
(iv) section 23 shall be renumbered as section 44, and in that section as so renumbered, the words and figures "Save as provided tan Par* n i " shall be omitted.
FAKHRUDPIN ALI AHMED, Prwident.
K. K. SUWPAilAM, Btcy. to t V GQVt qf India.
VKDTfltD F 7 THM GKKERAL itANAQKH, GOVXBKMZNI OF DTDIA FBKS8, MUfTO BOAD.
WMVT DVLBI AJTO PUBLISHCD BY TUy CONTBOLUH OT TUBLICATIOKS, MLHI 1B7TS