Disputed Elections (Prime Minister and Speaker) Act,1977
Act No : 16
Section :
Trial of petitions.
10. Trial of petitions. (1) Subject to any rules made in this behalf, the Authority for the trial of any petition shall hold the trial at New Delhi. (2) The Authority shall dismiss the petition- (a) if the petition has not been presented within the period specified in sub-section (1) of section 5 ; (b) if the petition does not comply with the provisions of sub-section (3) or sub-section (4) of section 5 or section 6. Explanation.-An order dismissing a petition under this sub- section shall be deemed to be an order made under clause (a) of section 16. (3) Any candidate not already a respondent to a petition shall, upon application made by him to the Authority within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the Authority, be entitled to be joined as a respondent. 185 Explanation.-For the purposes of this sub-section and of section 15 the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the Authority and answer the claim or claims made in the petition. (4) The Authority may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition. (5) The trial of a petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the Authority finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (6) Every petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of commencement of the trial.
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