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Section 130: Trial of election petition

The Tamil Nadu Panchayats (Elections) Rules, 1995State Rules of Tamil Nadu · 1994

(1) Every election petition shall be inquired into by the election Court in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits:

Provided that it shall only be necessary for the election Court to make a memorandum of the substance of the evidence of any witness examined by it:

Provided further that the election Court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses, if it is of the opinion that the evidence of such witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delaying the proceedings.

(2) The provisions of the Indian Evidence Act, 1872 (Central Act of 1872) shall be deemed to apply in all respects to the trial of an election petition.

(3) Notwithstanding anything in any enactment 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.

(4) No witness or other person shall be required to state for whom he has voted at an election.

(5) The reasonable expenses incurred by any person in attending to give evidence may be allowed by the election Court to such person and shall, unless the said Court otherwise directs, be deemed to be part of the costs.

Where this provision sits

ActThe Tamil Nadu Panchayats (Elections) Rules, 1995
Section130
Marginal noteTrial of election petition
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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