Section 482
of the Code of Criminal Procedure, 1898(5 of 1898).
482 of the Code of Criminal Procedure, 1898(5 of 1898).
Explanation.—For the purpose of enforcing the at-
ance of witnesses, the local limits of the jurisdiction of Explanation.—For the purpose of enforcing the
tendance of witnesses, the local limits of the jurisdiction of
the prescribed authority shall be the limits of the {Union tendance of witnesses, the local limits of the jurisdiction of
the prescribed authority shall be the limits of the {Union
ritory of Chandigarh.] the prescribed author
Teritory of Chandigarh.]
13-J. Notwithstanding anything in any enactment Docimenary
contrary, no documents shall be inadmissible in '""*"™* 13-J. Notwithstanding anything in any enactment
to the contrary, no documents shall be inadmissible in
ence at the trial of an election petition on the ground Docimenar
'""*"™* to the contrary, no documents shall be inadmissible
evidence at the trial of an election petition on the ground
that it is not duly stamped or registered. evidence at the trial of an election
that it is not duly stamped or registered.
Secrecy of voting
Secrecy of voun ing
voun fringed.
.
t he
shal requir
require 13-K.
te for . he requir Secrecy of
No witness or other person shall be required Secrecy of
hom he has voted at an election. fringed. 13-K. No witness or other person
to state for whom he has voted at an election.
the words Substituted for the words ''State of Punjab'' by the Punjab Zila Parishads,
hayat Samitis and Gram Sabhas (Reconstitution and Reorganisation) Order, Substituted for the words ''State of Punjab'' by the Punjab Zila Par
Panchayat Samitis and Gram Sabhas (Reconstitution and Reorganisation) Order,
1969, Pancha
1969,
ing of ctie
ng que 13-L.
any q ing of ctie 13-L. (/) No witness shall be excused from answer. Aniering que ing any question to any matter relevant to a Matter jp tions andcfert- issue in the trial of an election petition upon the ground ing of ctie 13-L. (/) No witness sha
Aniering que ing any question to any matter relevant to a Matter jp tions andcfert- issue in the trial of an election petition upon the ground nity. that the answer to such question may criminate of ma
end
o
riminate
im,
hat
ay
xpose
d that the answer to such question may criminate of ma tend to criminate him, or that it may expose or ma y tend to expose him to any penalty or forfeiture ; tend to criminate him, or that it may expose
to expose him to any penalty or forfeiture ;
Provided that—
(a) a witness who answers truly all questions which he is required to answer shall be entitleq to witness who answers truly all questions which he is required to answer shall be entitleq to receive a certificate of indemni ired to answer shall be entitleq to receive a certificate of indemnity from the prescribed authority ; and receive a certificate of in
prescribed authority ; and
an answer given by a witness to a question put by or before the prescribed authority shall an answer given by a witness to a question put by or before the prescribed authority shall not, except in the case of any criminal proby or before the prescribed authority shall not, except in the case of any criminal pro- ceeding for perjury in respect of the evidence, not, except in the case of any criminal pro- ceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil eding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding. be admissible in evidence
When a certificate of indemnity has been granted
wim E ; | 13-M. The reasonable expenses i
Person in attending t
;
13-M. The reasonable expenses incurred by any
on in attending to give evidence may be allo 13-M. The reasonable expenses incurred by any Person in attending to give evidence may be allowed by the Prescribed authority to such person, and shall, unless the Person in attending to give evidence may be allowed by the Prescribed authority to such person, and shall, unless the Prescribed authority otherwise directs, be deemed to be Prescribed authority to such person, and shall, unless the Prescribed authority otherwise directs, be deemed to be part of the costs, authori
part of the costs,
Meclsion of the
yee autho 13-N. enewe (J) Where an electio: n
issed under section 13-E, th eclsion of the . 13-N. enewe (J) Where an electio: n petition iti has not de been yee autho dismissed under section 13-E, the prescribed authority shall inquire into the election petition
.
i petition iti
prescri not de been
authority dismissed under section 13-E, the prescribed authority shall inquire into the election petition and at the conclu Sion of the inquiry shall make an order ection petition and a
Sion of the inquiry shall make an order
(a) dismissing the election petition ; or
setting aside the election.
At the time of m
(a) where any charge is made in the petition of any corrupt practice having been comm} ; election, recording mitted at the where any charge is made in the petit
corrupt practice having been comm}
election, recording mit of
;
a corrupt practice havin
election, recording tition of any
m} ;
mitted at the
(i) a finding whether any corrupt practice has or has not been proved to have been commitinding whether any corrupt practice has or has not been proved to have been commit- led at the election and the nature of that has not been proved to have been commit- led at the election and the nature of that corrupt practice ; and led at the election and
corrupt practice ; and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of names of all persons, if any, who have been proved at the trial to have been guilty of any Corrupt practice and the nature of that proved at the trial to have been guilty of any Corrupt practice and the nature of that practice ; and any Corrupt pra
practice ; and
(b) fixing the total amount of costs payable, and specifying the persons by and to whom costs fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid : fying the
shall be paid :
Provided that a person who is not a party to the
ion shall not be named in the order under sub-clause Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless— petition shall not be name
(ii) of clause (a) unless— (a) he has been giv
clause (a) unless— (a) he has been given notice to appear before the prescribed authority and to show cause why given notice to appear before the prescribed authority and to show cause why
he shoul
not be so name
; and ibed
ity
he should not be so named ; and
if he appears in pursuance of the notice, he has been given an opportunity of cross-examinf he appears in pursuance of the notice, he has been given an opportunity of cross-examin- ing any witness who has already been examined has been given an opportunity of cross-examin- ing any witness who has already been examined by the prescribed authority and has given ing any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.
_ 13-0.
(J) If the prescribed authority is 13-
-
io -
Opinion—
of the Grounds
setting for
ide
(a) that on the date of his election the elected person
was not qualified, or was disqualified, to be that on the date of his election the elected per
was not qualified, or was disqualified, to be
under this Act ; or was not qualified, or was disq
elected under this Act ; or
that any corrupt practice has b
person or his agent ; or .
(c) that any nomination has been improperly re-Jected ; or that any no
Jected ; or
elected under this Act ; or
(b) that any corrupt practice has been committed
by the elected person or his agent or by any that any corrupt practice has been committed
by the elected person or his agent or by any
other person with the consent of the elected by the elected person or his agent or by any
other person with the consent of the elected
n or his agent ; or . other person with the cons
person or his agent ; or
that any nomination has be .
i
Grounds
setting
elections for
aside setting
elections.
Adetemen t en
tions.
ly the result of the election in go far as :
es the elected person, has been m It result of the election in go f
" Sones the elected person, has been m
affected— far as :
It aterially Sones th
affected—
(i) by the improper acceptance of any Nomination, or the
or
(ii) by the improper reception, refusal or of any vote or the reception of the improper reception, refusal or of any vote or the reception of Tejection
which is void : or | any vote any vote or the
which is void : or | ion
any vote
(it) by any non-compliance with t of this Act or of any
h any non-compliance with t of this Act or of any rule this Act ; f this Act
this Act ; he provisions
made under he provisions S made under
the prescribed authority shall set aside the election
elected person. e prescribed authority shall set aside the election of the elected person.
When an election has ;
merece out th 13-Q. (1) Costs including pleaders'
of any "He discretion of the Prescribed
authority. fees shall be in er
of ce out
any 13-Q. (1) Costs
"He discretion of the including
Prescribed on ~ such
Posits, pleaders' f
authority. ~
Posits,
Fonti
icatio de bee Or so far as possible, ou or ie
e by Such part under this Cha
made in writing ade
n made Or s
by Such
in writi part
g in ssible,
under this
that behalf e
Chapter
thin 4 Fonti de bee Or so fa
ade by Such par
on an 'pplication made in writing
Deputy Com: Y Fonti
ade by Such part under this Chapter
an 'pplication made in writing in that behalf within 4 Deputy Com: Year
"a the date of such ord Year on
awa "a the lf withi
date of such order to 5 : l
erson in whose favot 5
rs :
i l on
"a the date of such order to 5 : l Costs have been awarde4., © person in whose favot
If there j