(1) Exce; ! pt so far as provided by th, i . . P A : me g;;’iil;geif irsor‘:gtl?d iy q‘e CMI. Procedure Code, i’908e inci:
ral:-::lfl:ssseuli-?sle:halb ol s l.m;c]ms,lstent with the Act or any provi’sions gf these rules,and it Pplicable, be allowed in the hearing of the election pefitions' v U.P. KSHETTRA PANCHAYAT & ZILA PANCHAYAT ADHINIYAM, 1961 1 Apy, " 192 . Provided that— y :
(a) any two or more elections relating to the election of the riie may be heard together;
s
(b) the Judge shall not be required to record or to‘ have recordeq dence in full but shall make a memqrqndum of' the evj derice Suf? ol in his opinion for the purpose of deciding the case; f'dent at any stage of the proceedings require the pet for the payment of the costs j, PErSQn ifiofler { (c) the Judge may, Curreg 0‘: give further cash security likely to be incurred by any respondent;
(d) for the purpose of deciding any issue the Judge shall be Tequireg order production of or to receive only so much evidence, ora] fo documentary, as he considers necessary ; or no appeal or revision shall lie on a question of fact or law again A decision of the Judge; y
(f) the Judge may review his decision on any point on an application i ing made within fifteen days from the date of the decision by any per.
son considering himself aggrieved thereby; and
(g) no witness or other person shall be required to state for whom he has voted at an election.
(2) The provisions of the Indian Evidence Act, 1872 (Act No. 1 of 1872) sha be deemed to apply in all respects to the trial of an election petition.
(3) Before the hearing of a election petition commences or before the fing] hearing takes place, the petition may be withdrawn by the petitioner or the petitioners, as the case may be, by making an application to the Judge requesting for the withdrawal of the petition and upon the making of such an application the petition shall stand withdrawn and no further action shall be taken for its trial.
" 39. Abatement of petitions.—(1) An election petition claiming a declaration mentioned in clause (a) of Rule 35 shall abate upon the death of the returned candidate.
(2) An election petition shall abate upon the death of the sole petitioner orall the petitioners.
(3) If any election petition claims the declarations mentioned in clause (b) of Rule 35 and the. retur.ned candidate dies, the Judge shall cause notice of such event to bz‘e pubhshed in the Gazette and thereupon any person who might have beer;1 a petitioner, may within fourteen days of the publication apply to be substittlu tg oL P lgce gt the, returne:d candidate to oppose the petit ion and shall be ent ed to continue the proceedings upon such terms as the Judge may think fit g 40'fgrf‘fle;5 of the Judge.— (1) If the Judge after making such inquiry 2 he efilt’l}s hm § In respect of any person whose election is called in question by;
petition that his election was valid, he shall dismiss the petition as against suce person and award costs at his discretion.
ther_(?) If the Judge finds that the election of any person was invalid he shall ¢
(a) declare a casual vacancy to have been created: or
(e) HAYAT & ZILA PANURATA T RETTHEITANG 1901
1.p. KSHETTRA PANC A,y e nother andidate t0 }}ave been duly elected and in €ithe,
(o) declare anOBel Tl discretion: Casg g awfathe I“dges"—(l) If e pet1t10;11 . fo u}?% ' be frivolgy, s Pow;;:ecot that the security of any part thereol sha bé forfeiteq 1, :Ee e State Government. . costs passed by the Judge shall be executed by hip, for c in the same manner and in accordance wifi?,fi" J (@) An order ¥ half de in that be t of mor for the payment oL Oney made by i, lication made 11 = ) :fxfxel procedur e as if it were @ decree “inasuit . e .
. . date other than the returned candiq d for which a candi it o o l‘Gr(:iu?o have been elected —If any person wl‘%o has lodged' an elecfi:
e in addition to calling in question the election of 'the Feturned candp as eclaration that he himself or anfy oth;r candidate has beer, dull.
" i : t the petitioner, or ' Tudge is of the opiruon _that in fac S oF ity elected and the Jfi alg majority of the valid votes, the Judge shall after declar}i:r the election of the returned candidate to be void, declare the petitioner or g other candidate, as the ca to have been duly elected:
Provided that the petiti be duly elected if it is prov been void if he had been the returned can sented calling in question his election.