IRFAN ALI KHAN Vs. RAJENDRA SINGH

JUDGEMENT

(1.) Doubting the correctness of the decision given in election petition No.1 of 1985*Ram Prakash Tripathi v. Smt. Sheela Dixit, a learned single Judge has referred the following questions of law for decision by a larger bench:- * Reported in 1988 All LJ 630

(2.) In pursuance of the said reference, this bench has been constituted. The learned Advocate-General appearing for the respondents raised a preliminary objection to the validity of these cases to a larger bench. He contends that mere circumstance that a learned single Judge to whom the election petition had been assigned - under the Representation of the People Act (hereinafter referred to as 'the Act') found himself in doubt about the correctness of the view taken by another single Judge could not provide reason for referring the matter to a larger bench.

(3.) The jurisdiction to try an election petition under the Act vests in the High Court. Sub-S.(2) of Section 80-A of the Act provides :- "2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more judges for that purpose : Provided that where the High Court consists of one Judge, he shall try all election petitions presented to that Court." According to Sub-S.(2) of S.86 of the Act : "As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-S.(2) of S.80-A".