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State of Uttar Pradesh - Section

Section 23 in The U.P. Municipalities Act, 1916

23. Procedure.

- Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Civil Procedure Code (Act V of 1908) in regard to suits, shall, so far as it is not inconsistent with this Act or any rule and so far it can be made applicable, be followed in the hearing of election petitions :Provided that, -
(a)two or more persons whose election is called in question may be made respondents to the same petition, and their cases may be tried at the same time, and any two or more election petitions may be heard together; but, so far as is consistent with such joint trial or hearing, the petition shall be deemed to be separate petition against each respondent;
(b)the [District Judge] [Substituted by U.P. Act No. 17 of 1982 for the word 'Court'.] shall not be required to record or have recorded the evidence in full, but shall make a memorandum of the evidence sufficient in its option for the purpose of deciding the case;
(c)the [District Judge] [Substituted by U.P. Act No. 17 of 1982 for the word 'Court'.] may, at any stage of the proceedings, require the petitioner to give [* * *] [Omitted by U.P. Act No. 7 of 1949.] further security for the payment of all costs incurred or likely to be incurred by any respondent;
(d)the [District Judge] [Substituted by U.P. Act No. 17 of 1982 for the word 'Court'.] for the purpose of deciding any issue, shall only be bound to require the production of, or to receive so much evidence, oral or documentary, as it considers necessary;
(e)during the hearing of the case the [District Judge] [Substituted by U.P. Act No. 17 of 1982 for the word 'Court'.] may refer a question of law to the High Court under Order XLVI of the First Schedule of the Code of Civil Procedure, 1908, but there shall be no appeal either on a question of law or fact, and no application in revision against or in respect of the decision of the [District Judge] [Substituted by U.P. Act No. 17 of 1982 for the word 'Court'.];
(f)[ any person considering himself aggrieved by the decision may apply for review to the] [Substituted by U.P. Act No. 7 of 1949.] [District Judge] [Substituted by U.P. Act No. 17 of 1982 for the word 'Court'.] within thirty days from the date of the decision and the [District Judge] [Substituted by U.P. Act No. 17 of 1982 for the word 'Court'.] may thereupon review the decision on any point;
[Provided that in computing the period of limitation the provision of sub-section (2) of Section 12 of the Limitation Act, 1963 shall apply.] [Substituted by U.P. Act No. 35 of 1978.]