section 17
Trial of election petition.
The Karnataka Gram Swaraj and Panchayat Act, 1993Chapter III CONSTITUTION OF GRAMA PANCHAYATS AND STANDING COMMITTEES
17. Trial of election petition. - (1) 1[2[the Designated Court ]2]1 shall dismiss an election petition which does not comply with the provisions of section 15. Explanation. - An order of 2[1[the Designated Court ]1]2 dismissing an election petition under this sub -section shall be deemed to be an order made under clause (a) of sub -section (1) of section 18. (2) Where more election petitions than one are presented to 2[1[the Designated Court ]1]2 in respect of the same election 2[1[the Designated Court ]1]2 may, try them separately or in one or more groups. (3) Any candidate not already a respondent shall, upon application made by him to 2[1[the Designated Court ]1]2 within fourteen days from the date of commencement of the trail and 52 subject to an y order as to security for costs which may be made by 2[1[the Designated Court ]1]2, be entitled to be joined as a respondent. Explanation. - For the pur pose of this section, a trail of petition shall be deemed to commence on the date fixed for the respondents to appear before 2[1[the Designated Court ]1]2 and answer the claim or claims made in the petition. (4) 2[1[the Designated Court ]1]2, may upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be and effective trail of the petition, but shall not allow any amendment of the petition , which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition. (5) The trail of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trail, be c ontinued from day to day until its conclusion, unless 2[1[the Designated Court ]1]2 finds the adjournment of trail beyond the following day to be necessary for reasons to be recorded. (6) Every election petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail within six months from the date on which the election petition is presented to 2[1[the Designated Court ]1]2 for trail. (7) Subject to the provisions of this Act every election petition shall be tried by 2[1[the Designated Court ]1]2, as nearly as may be i n accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits: Provided that 2[1[the Designated Court ]1]2 shall have discretion to refuse for reasons to be recorded in writing, to examine any witness or witnesses if he is of the opinion that their evidence is not material for the decision of petition or that the party tendering such witne ss or witnesses is doing so on frivolous grounds or with a view to delay the proceedings. (8) The provisions of the Indian Evidence Act, 1872 shall subject t o the provisions of this Act be deemed to apply in all respects to the trail of the election petition. 53 (9) Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of the election petition on th e ground that it is not duly stamped or registered.
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