Powers of the State Election Commission

POWERS OF THE STATE ELECTION COMMISSION.—

1. (1) The State Election Commission shall in the performance of its functions under this Act have all the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document or other material object producible as evidence;
   • (c) receiving evidence on affidavits;
   • (d) requisitioning any public record or a copy thereof from any court or office;
   • (e) issuing commissions for the examination of witnesses or documents.
2. (2) The State Election Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject matter of the inquiry.
3. (3) The State Election Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (Central Act 45 of 1860), is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
4. (4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act 45 of 1860).
5. (5) Notwithstanding anything contained in this Act or in any other law where the State Election Commission is satisfied, on enquiry that any petition filed before him against any person is frivolous and baseless and not in good faith, the Commission may direct the petitioner to pay such costs for conducting such enquiry by the opposite party.