Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order Vlll 1908- Section 129 Code of Civil Procedure 1951 : Sections 86 and 87 Representation of the People Act Rule 1 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951 : Sections 86 and 87-Election Petition-'Trial '-Commencement of limitation for filing written statement-Applicability of Order VIII, Rule 1- Extension of time beyond 90 days-Held, trial of an election petition commences from the date of receipt of election petition and continues till date of its decision-Receiving written statement being part of trial, time can be extended-This power emanates from the Act itself and the Rules framed for the purpose of the Act and resort to provisions of CPC is not called for-Even otherwise, power of Court to extend time for filing written statement beyond the time schedule provided by Order VIII Rule 1 is not completely taken away-Constitution of India, Article 225-Code of Civil Procedure, 1908- Section 129, Order VIII, Rule 1. Code of Civil Procedure, 1908 : Order VIII, Rule 1, proviso-Time schedule to file written statement Power of Court to extend the time-Held, the provision is directory and not mandatory-In exceptional circumstances, on a written prayer, Court, for reasons to be recorded in writing, has power to extend the time to avoid grave injustice. An election petition challenging "the election of the returned candidate, the appellant, was filed in the High Court under Section 80 of the Representation of the People Act, 1951. Written statement was filed with an application for condonation of delay. The High Court rejected the application and refused to take the written statement on record as it was filed after 90 days from the date of service of summons, i.e., beyond the period of limitation as provided by Rule 1 of Order VIII of the Code of Civil Procedure, 1908. Aggrieved, the returned candidate filed the present On the questions : (1) When does the 'trial' of an election petition commence? and whether Order VIII Rule 1 is applicable to the trial of an election petition under Chapter II of the Representation of the People Act; (2) Whether the rules framed by the High Court governing the trial Of election petitions would override the provisions of CPC and permit a written statement being filed beyond the period prescribed by Order VIII Rule 1 of the CPC; and (3) Whether the time limit of 90 days as prescribed by the Proviso appended to Rule 1 of Order VIII of the CPC is mandatory or directory in nature. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 186 |
Petitioner | Kailash |
Respondent | Nanhku And Ors. |
SCR | [2005] 3 S.C.R. 289 |
Judgement Date | 2005-04-06 |
Case Number | 7000 |
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