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2005 Supreme(SC) 579

D. M. DHARMADHIKARI, P. K. BALASUBRAMANYAN
Kailash – Appellant
Versus
Nanhku – Respondent


Judgement Key Points

What is the scope of applicability of CPC rules to the trial of election petitions under the Representation of the People Act, 1951? What is the nature (mandatory or directory) of Order VIII Rule 1 CPC in the context of filing written statements in election petitions? Can the High Court's rules framed under Article 225 or Chapter XV-A override CPC provisions or permit filing of written statements beyond the period prescribed by Order VIII Rule 1?

Key Points: - The judgment holds that CPC procedures apply to election petitions "as nearly as may be" and subject to the Act and High Court rules; in case of conflict, the Act prevails over CPC (!) (!) (!) . - It declares that Order VIII Rule 1 CPC is a procedural, directory provision for extension of time, not strictly mandatory, and may be extended by the court in exceptional circumstances with reasons recorded (!) (!) (!) (!) (!) . - It holds that High Courts may frame rules under Article 225 and Section 169 CPC, and such rules can govern trial procedure, potentially harmonizing with or overriding CPC where there is conflict (rules vs CPC) (!) (!) (!) (!) . - The Court endorses allowing written statements filed beyond 90 days where exceptional circumstances exist, with costs or conditions, and directs taking the statement on record subject to costs in the case at hand (!) (!) . - The decision clarifies the meaning of "trial" in election petitions to include proceedings from petition presentation to decision, guiding the application of Section 86 and related provisions (!) (!) (!) . - It concludes that Order VIII Rule 1 is directory, not mandatory, and departure therefrom is allowed only as an exception with justification (!) (!) . - It highlights objective to expedite trials yet ensure justice and prevents denial of defence due to rigid procedure (!) (!) . - The Allahabad High Court’s Chapter XV-A rules are to be harmonized with Act provisions; in conflict, Act prevails (!) - (!) .

What is the scope of applicability of CPC rules to the trial of election petitions under the Representation of the People Act, 1951?

What is the nature (mandatory or directory) of Order VIII Rule 1 CPC in the context of filing written statements in election petitions?

Can the High Court's rules framed under Article 225 or Chapter XV-A override CPC provisions or permit filing of written statements beyond the period prescribed by Order VIII Rule 1?


Judgment

R.C. Lahoti, CJI—

Facts in brief

Elections of Uttar Pradesh Legislative Council were held pursuant to the Presidential notification dated 7.11.2003. The appellant was declared elected. Respondent No.1 filed an election petition under Section 80 of the Representation of the People Act, 1951 (hereinafter ‘the Act’, for short) laying challenge to the election of the appellant.

2. The appellant was served with the summons, accompanied by a copy of the election petition, requiring his appearance before the Court on 6.4.2004. On the appointed day, the appellant appeared through his counsel and sought for one month’s time for filing the written statement. The Court allowed time till 13.5.2004 for filing the written statement. On 13.5.2004, the appellant again filed an application seeking further time for filing the written statement on the ground that copies of several documents were required to be obtained. The Court adjourned the hearing to 3.7.2004 as, in between, from 13.5.2004 to 2.7.2004, the High Court was closed for summer vacation. On 22.6.2004, appellant’s advocate’s nephew expired. However, the written statement was drafted and kept ready for filing. The registered clerk o





















































































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