Section 146 Powers of Election Commission - Representation of the People Act, 1951
What are the Powers of Election Commission?
Section 146 of Representation of the People Act, 1951
Section 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 sub-section (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, 1908 (5 of 1908), in respect of the following matters,
(a) summoning and enforcing the attendance of any person and examining him on
(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
(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 by 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 180
or section 228 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, 1898 (5 of 1898), forward the case to a magistrate
having jurisdiction to try the same and the magistrate to whom any 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,
1898 (5 of 1898).
(4) Any proceeding before the Commission shall be deemed to be a judicial
proceeding within the meaning of section 193 and section 228 of the Indian Penal
Code (45 of 1860).