17. Procedure and powers of Judge holding enquiry.
(1)Where a petition has been filed under Section 16 the District Judge, or any judicial officer subordinate to him and not below the rank of a Subordinate ,Judge other than an Officer exercising the powers of a Subordinate Judge ex-officio (hereinafter referred to in this chapter as the Judge) to whom the District ,Judge may transfer the petition, may after holding such inquiry as he deems necessary, in accordance with the prescribed procedure and subject to the provisions of Section 18 and19 pass an order confirming or amending the declared result of the election or setting the election aside.(2)For the purpose of the said inquiry the judge may summon and enforce the attendance or witnesses and compel them to produce documents or article; in their possession and to give evidence as if were a Civil Court, and may also direct by whom the whole or any part of the costs of such inquiry shall be paid and such costs shall be recoverable as if' they had been awarded in a Suit under the Code of Civil Procedure, 1908 (Act V of 1908).(3)The Judge may at any stage of the proceedings require the petitioner to deposit in Court a further sum at the costs incurred or likely to be incurred by any respondent, or to give security, or further security for the payment of the same and if, within the time fixed by him, or, within such further limes as he may allow, such costs are not deposited or such security is not furnished, as the case may be', may dismiss the petition.(4)An appeal shall be to the District Judge from any decision or order of a Subordinate Judge and a decision or order of the District Judge either when be has himself made the enquiry or an appeal shall be final.
