Section 40 in Himachal Pradesh Homoeopathic Practitioners Act, 1979
40. Procedure before the prescribed authority.
(1)Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable, under the Code of Civil Procedure, 1908 (5 of 1908), to the trial of suits:Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness, or witnesses, if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.(2)The provisions of the Indian Evidence Act, 1872 (1 of 1872), shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of election petition.
