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Section 146 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 146. Powers of Election Commission

1[Chapter IV.Powers of Election Commission in connection with Inquiries as to Disqualifications of member

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1. Ins. by Act 17 of 1965, sec.2.

146. Powers of Election Commission.

(1) Where in connection with the tendering of any opinion to the President under article 103 or, as the case may be, under subsection (4) of section 14 of the Government of Union Territories Act,1963 (20 of 1963), or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord. it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure. 1909 (5 of 1908), in respect of the following matters, namely: –

(a) Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of any document or other material object producible as evidence;

(c) Receiving evidence on affidavits;

(d) Requisitioning, any public record or a copy thereof from any Court or officer

(e) Issuing commissions for the examination of witnesses or documents.

(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed be that person under any law for the time being in force., to furnish information on such points or matters as in the opinion of the Commission may be useful for or relevant to, the subject-matter of the inquiry.

(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 190 or section 229 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure,1899 (5 of 1998) 1[to forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom an), such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure,1999 (5 of 1898)1.

(4) Any proceeding before the Commission shall be deemed a Judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).

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1. See now the corresponding provisions of the Code of Criminal Procedure,1973 (Act 2 of 1974).

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