( 1) Subject to the provisions of this Act and f:~icet;:!e pr~;
of any rules made thereunder, every election petition cribed authority.
shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Act No.
V of 1908), to the trial of suits :
Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness or witnesses, if it is of the opi nion that their evidence is not material for the deci sion of the petition or that the party tendering such.
witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (Act No. I of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
41. Any aopearance application or act before Appearance. heh "b d '· h · ' b d d b th fore prescribed t e prescri e aut or1ty may e ma e or .. one Y . f' authority.
party in person or by a pleader duly appomted to act on his behalf :
Provided that it shall be' open to the prescribed authority to direct any party to appear in person whenever the pres~ribed authority considers it neces sary.
42. The prescribed authority shall have the ;~:C~I~e3f th e powers which are vested in a court under the Code authority.
PUNJAB HOMOEOPATHIC [1965 : Pb. Act 1, PRACTITIONERS of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect of the following matters
(a) discovery and inspection ;
(b) enforcing the attendance of witnesses and requiring the deposit of their expenses ; fl
(c) compelling the production of documents ( d) examining witnesse~ on oath
(e) granting adjournments ;
(f) reception of evidence taken on affidavit and
(g) issuing commissions for the examination of witnesses ;
and may summon and examJne suo motu any person whose evidence appears to it to be material; and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Proce dure, 1898 (Act No. V of 1898).
E.xplanation.-For the purpose of enforcing the attendance of witnesses the local limits of the juris diction of the presc,ribed authority shall be the limits of the State of Punjab.
Documentary 43. Notwithstanding anything in any enactment evidence. to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.
Secrecy of vot ing not to be infringed.
Answering of criminating questions and certificate of in demnity.
44. No witness or other person shall be required to state for whom he has voted at an election.