44. Proceedings for challenges of members of Court .-The order convening the Court and the names of the presiding officer and the members of the Court shall then be read over to the accused and he shall be asked, as required by section 130, whether he has any objection to being tried by any officer sitting on the Court. Any such objection shall be disposed of in accordance with the provisions of the aforesaid section:
Provided that-(a)the accused shall state the names of all the officers constituting the Court in respect of whom he has objection, before any objection is disposed of,(b)the accused may call any person to give evidence in support of his objection and such person may be questioned by the accused and by the Court,(c)if more than one officer is objected to, the objection to each officer shall be disposed of separately, and the objection in respect of the officer of the lowest rank shall be disposed of first; and on an objection to an officer, the remaining officers of the Court shall, in the absence of the challenged officer, vote on the disposal of such objection, notwithstanding that objections have been made to any of those officers,(d)when an objection in respect of an officer is allowed, that officer shall forthwith retire, and take no further part in the proceedings,(e)when an officer so retires or is not available to serve owing to any cause, which the Court may deem to be sufficient, and there are any officers in waiting detailed as such, the presiding officer shall appoint one of such officers to fill the vacancy. If there is no officer in waiting available, the Court shall proceed as required by rule 38,(f)the eligibility, absence of disqualification, and freedom from objection of an officer filling a vacancy shall be ascertained by the Court, as in the case of other officers appointed to serve on the Court.
