CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Procedure

§23

Summary

23. (1) Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Civil Procedure Code, in regard to suits, 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 : (2) Provided that- (a) two or more persons whose election is called in question may be made respondents to the same petition, and their cases may be tried at the same time, and any two or more election petitions may be heard together ; but, so far as is consistent with such joint trial or hearing, the petition shall be deemed to be a separate petition against each respondent ; (b) the 1[District Judge] shall not be required to record or 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 ; (c) the 1[District Judge] may, at any stage of the proceedings, require the petitioner to give further security for the payment of all costs incurred or likely to be incurred by any respondent ; (d) the 1[District Judge] 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) during the hearing of the case the 1"District Judge" may refer a question of law to the High Court under Order XLVI of the First Schedule of the Code of Civil Procedure, 1908 but 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 1[District Judge]. (f) any person considering himself aggrieved by the decision may apply for review to the Tribunal within thirty days from the date of the decision and the Tribunal may thereupon review the decision on any point : 2[Provided that in computing the period of limitation the provision of sub-section (2) of section 12 of the Limitation Act, 1963, shall apply. ]

23. (1) Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Civil Procedure Code, in regard to suits, 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 : (2) Provided that- (a) two or more persons whose election is called in question may be made respondents to the same petition, and their cases may be tried at the same time, and any two or more election petitions may be heard together ; but, so far as is consistent with such joint trial or hearing, the petition shall be deemed to be a separate petition against each respondent ; (b) the 1[District Judge] shall not be required to record or 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 ; (c) the 1[District Judge] may, at any stage of the proceedings, require the petitioner to give further security for the payment of all costs incurred or likely to be incurred by any respondent ; (d) the 1[District Judge] 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) during the hearing of the case the 1"District Judge" may refer a question of law to the High Court under Order XLVI of the First Schedule of the Code of Civil Procedure, 1908 but 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 1[District Judge]. (f) any person considering himself aggrieved by the decision may apply for review to the Tribunal within thirty days from the date of the decision and the Tribunal may thereupon review the decision on any point : 2[Provided that in computing the period of limitation the provision of sub-section (2) of section 12 of the Limitation Act, 1963, shall apply. ]

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