CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Transfer of petition

§43BB

Summary

1[43-BB. (1) On the application of any party to an election petition presented under sub-section (5) of section 20 2[ * * * * ], and after notice to the other parties thereto, and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage- (a) transfer an election petition pending before a District Judge for trail to any other District Judge ; or (b) re-transfer the same for trial to the District Judge from whom it was withdrawn. (2) The District Judge may at any stage transfer an election petition pending before him under this Act to an Additional District Judge and may withdraw any election pending before an Additional District Judge and- (i) transfer or dispose of the same ; or (ii) transfer the same for trial or disposal to any other Additional District Judge ; or (iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. (3) Where any election petition has been transferred or re-transferred under sub-section (1) or sub-section (2), the District Judge or the Additional District Judge, who thereafter tries such petition, may, subject to any direction in the order of transfer to the contrary, proceed from the point at which it was transferred or re-transferred : Provided that he may, if he thinks fit, re-call and re-examine any of the witnesses already examined.

1[43-BB. (1) On the application of any party to an election petition presented under sub-section (5) of section 20 2[ * * * * ], and after notice to the other parties thereto, and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage- (a) transfer an election petition pending before a District Judge for trail to any other District Judge ; or (b) re-transfer the same for trial to the District Judge from whom it was withdrawn. (2) The District Judge may at any stage transfer an election petition pending before him under this Act to an Additional District Judge and may withdraw any election pending before an Additional District Judge and- (i) transfer or dispose of the same ; or (ii) transfer the same for trial or disposal to any other Additional District Judge ; or (iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. (3) Where any election petition has been transferred or re-transferred under sub-section (1) or sub-section (2), the District Judge or the Additional District Judge, who thereafter tries such petition, may, subject to any direction in the order of transfer to the contrary, proceed from the point at which it was transferred or re-transferred : Provided that he may, if he thinks fit, re-call and re-examine any of the witnesses already examined.

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