Disputed Elections (Prime Minister and Speaker) Act,1977
Act No : 16
Section :
Procedure before the Authority.
11. Procedure before the Authority. (1) Subject to the provisions of this Act and of any rules made thereunder, every petition shall be tried by the Authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits: Provided that the Authority 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 witness or 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 delay the proceedings. (2) For the purposes of any such trial, the Authority shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, (5 of 1908) in respect of the following matters, namely :- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office ; (e) issuing commissions for the examination of witnesses or documents ; (f) such other matters as may be prescribed. 186 (3) The provisions of the Indian Evidence Act, 1872, (1 of 1872) shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of a petition. (4) Any proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of section 193 of the Indian Penal Code. (45 of 1860)
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