OM PRABHA JAIN Vs. GIAN CHAND

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) IN the 1957 General Elections the appellant was declared elected to the Punjab Legislative Assembly. The respondent, Gian Chand, filed an election petition for a declaration that the appellant's election was void. The other respondent in this appeal, presumably another unsuccessful candidate at the election, had been made a party to the petition but he never appeared at any stage. For brevity we will refer to the respondent Gian Chand, as the respondent. <PG>838</PG>

(3.) IT is next said that an order under s. 8 is by the terms of the section, an order made at the conclusion of the trial of an election petition while an order dismissing a petition for any of the reasons mentioned in s. 90 (3) is an order made prior to the commencement of such trial or at least prior to its conclusion. IT is said that the word ` trial ` in s. 98 means that stage of the trial where evidence is tendered and arguments are addressed. Therefore, it is contended, an order dismissing a petition under the powers contained in s.90(3) is not an order under s. 98 and it is consequently not appealable.