Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Election petition: Election petition - Trial and adjudication of - Held: The procedure provided for trial of civil suits under CPC is not applicable in its entirety to the trial of election petition -procedure prescribed in CPC applies to election trial with flexibility and only as a guidelines.Representation of People Act, 1951 - ss. 80, 81,100(1)(d)(iii) and s.97 - Election petition - Right of a party to lead evidence - Elections held to constitute State Legislative Assembly- Allegation that 10 votes were cast by imposters and thus, 10 tendered votes cast under the Rules - Appellant declared elected - Election petition filed by respondent before High Court - Appellant filed written statement - Later filed application to summon list of all tendered votes - High Court rejected the application - On appeal, held: The pleadings in the election petition related only to 6 tendered votes - There was no reference in respect of the remaining 4 tendered votes either in the election petition or in the written statement filed by the appellant - In absence of any Recrimination petition,the appellant could not be permitted to lead evidence on a fact not in issue - Also, in the application, no reason nor justification was given by the appellant for summoning of the other 4 tendered votes - Therefore, the High Court rightly did not allow the appellant to lead evidence which was no1 in the line of the pleadings - Conduct of Election Rules, 1961 - Rule 42.Pleadings - Jurisdiction of the Court to grant relief - Held: A decision of a case cannot be based on grounds outside the pleadings of the parties.Code of Civil Procedure, 1908 - Order XIV, Rule 1-Framing of issues - Object and purpose of - Held: The object of framing issues is to ascertain/ shorten the area: of dispute and pinpoint the points required to be determined by the court s the issues fixed and not the pleadings that guide the parties in the matter of adducing. evidence - It is neither desirable nor required for the court to frame an issue not arising on the pleadings - The Court should not decide a suit on a matter/point on which no issue has been framed. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 66 |
Petitioner | Kalyan Singh Chouhan |
Respondent | C.p. Joshi |
SCR | [2011] 2 S.C.R. 216 |
Judgement Date | 2011-01-24 |
Case Number | 870 |
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