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The Army Act, 1952

( ACT NO. XXXIX OF 1952 )

Chapter IX

COURTS MARTIAL

Constitution, Jurisdiction and Powers of Courts Martial

Challenges
104. (1) At all trials by general, district or field general court martial, as soon as the court is assembled, the names of the president and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court.
 
 
 
 
(2) If the accused objects to such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, decide on the objection in the absence of the challenged officer.
 
 
 
 
(3) If the objection is allowed by one half or more of the votes of the officers entitled to vote, the objection shall be allowed and the member objected to shall retire and his vacancy may be filled in the prescribed manner by another officer subject to the right of the accused to object.
 
 
 
 
(4) When no challenge is made, or when challenge has been made and disallowed or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

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