(1)The [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] shall dismiss an election petition which does not comply with the provisions of section 15.Explanation. - An order of the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of sub-section (1) of section 18.(2)Where more election petitions than one are presented to the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] in respect of the same election the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] may, try them separately or in one or more groups.(3)Any candidate not already a respondent shall, upon application made by him to the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] within fourteen days from the date of commencement of the trail and subject to any order as to security for costs which may be made by the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.], be entitled to be joined as a respondent.Explanation. - For the purpose of this section, a trail of petition shall be deemed to commence on the date fixed for the respondents to appear before the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] and answer the claim or claims made in the petition.(4)The [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.], may upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trail of the petition, but shall not allow any amendment of the petition , which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.(5)The trail of an election petition shall, so far as is practicable consistently with the interest of justice in respect of the trail, be continued from day to day until its conclusion, unless the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] finds the adjournment of trail beyond the following day to be necessary for reasons to be recorded.(6)Every election petition shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail within six months from the date on which the election petition is presented to the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] for trail.(7)Subject to the provisions of this Act every election petition shall be tried by the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.], as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits:Provided that the [Civil Judge (Junior Division)] [Substituted by Act 29 of 1997 w.e.f. 20.10.1997.] shall have discretion to refuse for reasons to be recorded in writing, to examine any witness or witnesses if he is of the opinion that their evidence is not material for the decision of petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.(8)The provisions of the Indian Evidence Act, 1872 shall subject to the provisions of this Act be deemed to apply in all respects to the trail of the election petition.(9)Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of the election petition on the ground that it is not duly stamped or registered.
