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14/04/2024
Laws of Bangladesh

The Representation of the People Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 155 OF 1972 )

Chapter V

ELECTION DISPUTES

57. (1) Subject to the provisions of this Order and the rules, every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial of suits under the Code of Civil Procedure, 1908:
 
 
 
 
Provided that the High Court Division may-
 
 
 
 
(a) make a memorandum of the substance of the evidence of each witness as his examination proceeds unless it considers that there is special reason for taking down the evidence of any witness in full; and
 
 
 
 
(b) refuse to examine a witness if it considers that his evidence is not material or that he has been called on a frivolous ground for the purpose of delaying the proceedings.
 
 
 
 
(2) Subject to the provisions of this Order the Evidence Act, 1872, shall apply for the trial of an election petition.
 
 
 
 
(3) The High Court Division may, at any time, upon such terms and on payment of such fee as it may direct, allow a petition to be amended in such manner as may, in its opinion, be necessary for ensuring a fair and effective trial and for determining the real questions at issue, so however that no new ground of challenge to the election is permitted to be raised.
 
 
 
 
(4) At any time during the trial of an election petition, the High Court Division may call upon the petitioner to deposit such further sum by way of security, in addition to the sum deposited under Article 49, as it may think fit.
 
 
1[(5) The High Court Division shall not adjourn the trial of an election petition for any purpose unless such adjournment is in its opinion necessary in the interest of justice.
 
 
 
 
(6) The High Court Division shall try an election petition as expeditiously as possible and shall endeavour to conclude the trial within six months from the date on which the election petition is 2[presented] to it for trial 3[.]
 
 
 
 
4[* * *]]
 
 

  • 1
    Clauses (5) and (6) were inserted by section 3 of the Representation of People (Amendment) Act, 1981 (Act No. XVI of 1981)
  • 2
    The word “presented” was substituted for the word “referred” by section 22 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
  • 3
    The full-stop (.) was substituted for colon (:) by section 22 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
  • 4
    The proviso was omitted by section 22 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)
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