Provided that such authority may, if it thinks fit, recall and re-examine any of the witnesses already examined.

Procedure before the prescribed authority

1. (1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable, under the Code of Civil Procedure, 1908 (5 of 1908), to the trail of suits: Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness, or witnesses, if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
2. (2) The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trail of election petition.