Effect of decision by a Panchayati Adalat

The decision of a Panchayati Adalat on the question of title, legal character, contract or obligation shall not bind the parties except in respect of the suit in which such matter is decided. (1) Subject to the provisions of the Act and the rules contained in this chapter, every election petition shall be heard by the Officer appointed under rule 59 as early as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits, provided that (i) The officer so appointed may here the petitioner or his counsel and if he finds that the petition has no substance, reject the same without the issue of any notice of the opposite parties; (ii) It shall not be necessary for the officer to record the evidence in full and he may maintain only a memorandum of evidence produced by the parties, before him; (iii) If there is a sole petitioner and he dies or there is a sole respondent and he dies, the petition shall abate; (iv) If the respondent against whom the petition is directed dies and the seat has not been claimed for any other candidate, the petition shall abate and (v) An application not presented within time or unaccompanied by a receipt as provided in Rule 58 (1) may at any time be dismissed by the officer. (2) If the officer so appointed after hearing of the election petition finds in respect of any person whose election is called in question by the petitioner that his election was valid, he shall dismiss the petition as against such person and may award costs at his discretion and in case he finds the election petition to be altogether frivolous, he may also order that the security deposit shall be forfeited in whole or in part to the Gaon Sabha concerned. (3) If the officer so appointed finds that the election of any person was invalid, he shall either (a) declare a casual vacancy to have been created, or (b) declare another candidate to have been duly elected, whichever course appears, in the particular circumstances of the case, to be appropriate and in either case may award costs at his discretion. Provided that no such declaration shall be made unless a claim for it has been made in the election petition. (4) The security deposit or portion thereof, as the case may be, not forfeited under sub-rule (2) and not required for payment of any costs awarded to any opposite party shall be refunded by the Deputy Commissioner to the person depositing the same or in case of his death, to his legal representative.