Section 22: Procedure before Tribunal

22. Procedure before Tribunal.—(1) Subject to the provisions of this Act and the rules, every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial of suits under the Code of Civil Procedure, 1908 (Act V of 1908): Provided that the Tribunal may— (a) make a memorandum of the substance of the evidence of each witness as his examination proceeds unless it considers that there is special reason for taking down the evidence of any witness in full; and (b) refuse to examine a witness if it considers that his evidence is not material or that he has been called on a frivolous ground for the purpose of delaying the proceedings. (2) Subject to the provisions of this Act the Evidence Act, 1872 (Act I of 1872) shall apply for the trial of an election petition. (3) The Tribunal may, at any time, upon such terms and on payment of such fee as it may direct, allow a petition to be amended in such manner as may, in its opinion, be necessary for ensuring a fair and effective trial and for determining the real questions at issue, so, however, that no new ground of challenge to the election is permitted to be raised. (4) At any time during the trial of an election petition, the Tribunal may call upon the petitioner to deposit such further sum by way of security, in addition to the sum deposited under section 12, as it may think fit.

Effective date: 1976-01-01

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