Section 125 in The Punjab State Election Commission Act, 1994
125. Power of Election Commission.
(1)Where in connection with the tendering of any opinion to the State Government under section 12, the Election Commission considers it necessary or proper to make an inquiry and the Election Commission is satisfied that on the basis of the affidavits filed and the documents produced in such enquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Election Commission shall have, for the purpose of such inquiry, 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 documents 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 witness is or documents.(2)The 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 its opinion may be useful for or relevant to, the subject-matter of the inquiry.(3)The Election Commission shall be deemed to be a Civil Court and when any such offence as described in section 175, section 178, section 179, section 180 or 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) is committed in the view or presence of the Election Commission, the Election Commission may, after recording the facts constituting the offence and the statement of the accused, 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 order for forwarding the case to the said Magistrate had been made under section 482 of the Code of Criminal Procedure , 1973 (Central Act 2 of 1974).(4)Any proceeding before the Election Commission shall be deemed to be judicial proceedings with the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
