Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Telangana - Section

Section 7 in Telangana Panchayat Raj (Authority to dispose petitions in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 2018

7.

(i)Every election petition shall be enquired into by the Election Tribunal, as early as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act V of 1908) for the trial of suits:Provided that it shall only be necessary for the Election Tribunal to make a memorandum of the substance of evidence of any witness examined by him.(ii)The Election Tribunal shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters :(a)discovery and inspection;(b)enforcing the attendance of witness and requiring the deposit of their expenses;(c)compelling the production of documents;(d)examining witnesses on;(e)reception of evidence taken on affidavit; and(f)issuing commissions for examination of witnesses, and may summon and examine suo motu any person whose evidence appears to him to be material.(iii)Notwithstanding anything in any enactment to the contrary no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.(iv)No witness or other person shall be required to state for whom he has voted at an election.(v)(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:Provided that, -(a)a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the Tribunal.(b)an answer given by a witness to a question put by or before the Tribunal shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceedings.
(2)When a certificate of indemnity has been granted to any witness it may be pleaded by him in any Court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal Code (Act 45 of 1860) or under Sections 211 to 228 (both inclusive) and 233 and 234 of the Act arising out of the matter to which such certificate relates but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by the Act or any other law.