Bare ActsThe ORISSA ANCHAL SASAN ACT, 1955

Section 20

Amendment status not verified — confirm the current text below against the official source.

Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place orin priority to him should not be declared so elected, in the same mannerasif ho had presented a petition against the election of auch persen, 21, (1) An election petition shall be heard by an Additional District Magistrate within whose jurisdic- tion the area of representation concerned may be situated at a place in the Anchal or in a Municipality contiguous to the Anchal. (2) Such Additional District Magistrate ( hercin- after referred to asthe Tribunal) shall be deemed to exercise jurisdiction aa persona designata. 22, (1) The Tribunal shall, as soon as may be, cause a copy of the petition together with the particulars ‘referred to in sub-section (1) of section 19 to be aerved on the opposite parties referred to in sub-section (2) of the said section. (2) Except as otherwise expressly provided. by this Act or the rules made thereunder the procedure provided in the Code of Civil Procedure, 1908, for Act vo «f the trial of suits, shall, so far as may be practicable, 6 be followed in the hearing of election petitions: Provided that— (a) any two or more election petitions relating to the election of the same. person may be heard together 5 Powers of tha Tribunal and proce: dure for wervice of notices and Process. 52 (b) the Tribunalshall not be required to record the evidence in full but shall make a» memorandum of the evidence sufficient in its opinion for the purpose of deciding the ,case ; (ec) the Tribunal may, at any stage of the proceedings, require the petitioner to give further security for the paymentofall costs incurred orlikely to be incurred by any opposite party and if within the timefixed by it or within such further time as it may allow such security is not furnished, may dismiss the petition ; (d) tho Tribunal for the purpose of deciding any issue, may require the production of or may receive so much evidence, oral or documentary, as it considers necessary ; (e) there shall be no appeal and no application in revision against or in respect of the decision of the Tribunal ; ° (f) the Tribunal may review its decision on any point on the application of any person considering himself aggrieved thereby if the applica- tion is presented within fifteen days from the date of decision. — . 23, (1) Unless it is otherwise prescribed the Tribunal shall have the same powers and privileges as the Judge of Civil Court and the service of all process and notices issued by the Tribunal shall on requisition byit be effected by a SubdivisionalMagistrate having jurisdiction. (2) An order for the realisation of security bond for costs passed by the Tribunal may be sent by it for execution to the Collector of a district within which the area of represéntation concerned is situate ~ and thereupon the Collector shall realise such costs as Finding. if they were an arrear of land revenue.

Section 20 – The ORISSA ANCHAL SASAN ACT, 1955 | DailyLaw.ai