Section 35 in The Orissa Grama Panchayats Act, 1964
35. Procedure before the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.].
(1)Subject to the provisions of this Act and the rules made thereunder every election petition shall be tried by the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits.(2)The [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall not be required to record or to have the evidence recorded in full but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case.(3)The [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall, for the purpose of deciding any issue receive so much evidence, oral or documentary, as he considers necessary and may require the production of any evidence.(4)The [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] may, at any stage of the proceedings require the petitioner to give further security for the payment of all costs incurred or which is likely to be incurred by any opposite party and if within the time fixed by him or within such further time as he may allow such security is not furnished, he may dismiss the petition.(5)No witness or other person shall be required to disclose the name of the persons for whom he has voted at an election.(6)The provisions of the Indian Evidence Act, 1872 (1 of 1872) shall, subject to the provisions of this Act, apply in the trial of an election petition.(7)Notwithstanding anything in any enactment to the contrary no document shall be inadmissible in evidence on the ground that it is not duly stamped or registered.(8)Reasonable expenses incurred by any person in attending to give evidence may be allowed to such person which shall, unless the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] otherwise directs, be deemed to be part of the costs.(9)Any order as to costs passed by the [Civil Judge (Junior Division)] [Substituted vide O.G.E. No. 993 Notification No. 7703-Legislative dated 28.5.2001.] shall be executed by him on application made in that behalf in the same manner and by the same procedure as if it where a decree for the payment of money passed by himself as suit.
