Section 38 in U.P. Zila Panchayats (Election of Adhyaksha and UP-Adhyaksha and Settlement of Election Disputes) Rules, 1994
38. Procedure.
(1)Except so far as provided by the Act or in these rules, the procedure provided in the Civil Procedure Code, 1908, in regard to suits, shall, in so far as it is not inconsistent with the Act or any provisions of these rules and it can be made applicable, be allowed in the hearing of the election petitions :Provided that-(a)any two or more elections relating to the election of the same person may be heard together ;(b)the Judge shall not be required to record or to have recorded the evidence in full but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case;(c)the Judge may, at any stage of the proceedings require the petitioner to give further cash security for payment of the costs incurred or likely to be incurred by any respondent;(d)for the purpose of deciding any issue the Judge shall be required to order production of or to receive only so much evidence, oral or documentary as he considers necessary ;(e)no appeal or revision shall lie on a question of fact or law against any decision of the Judge ;(f)the Judge may review his decision on any point on an application being made within fifteen days from the date of the decision by any person considering himself aggrieved thereby ;(g)no witness or other person shall be required to state for whom he has voted at an election.(2)The provisions of the Indian Evidence Act, 1872 (Act No. 1 of 1872) shall be deemed to apply in all respects to the trial of an election petition.(3)Before the hearing of an election petition commences or before the final hearing takes place, the petition may be withdrawn by the petitioner or the petitioners, as the case may be, by making an application to the Judge requesting for the withdrawal of the petition and upon the making of such an application the petition shall stand withdrawn and no further action shall be taken for its trial.
