LAWS(DLH)-2011-3-588

NAND RAM BAGRI Vs. JAI KISHAN & ORS

Decided On March 11, 2011
Nand Ram Bagri Appellant
V/S
JAI KISHAN And ORS Respondents

JUDGEMENT

(1.) The question which has fallen for adjudication is, whether in the trial of an election petition, the witnesses are necessarily required to be examined and cross examined before the Judge of the High Court and whether recording of evidence before the Joint Registrar is impermissible. Though the said question has been raised by the respondent No.1 belatedly, after all the witnesses of the petitioner have already been examined and cross examined before the Joint Registrar and only at the stage of examination of the witnesses of the respondents but the question being a pure question of law and there being no estoppel against the law, the counsels have been heard.

(2.) The contentions of the counsel for the respondent No.1 are:- (i) that the trial of an election petition is different from the trial of a suit and the trial of an election petition is governed by the Representation of the People Act, 1951 and the Rules made by the Delhi High Court for trial of election petitions;

(3.) I have drawn the attention of the counsel for the respondent no.1 to Section 87 of the Act providing for the trial of the Election Petition by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits, subject of course to the provisions of the Act and any Rules made thereunder. Section 87(2) also provides that the provisions of the Indian Evidence Act, 1872 shall be deemed to apply in all respects to the trial of an Election Petition, again subject to the provisions of the Act.