KAILASH versus NANHKU AND ORS.

KAILASH versus NANHKU AND ORS.

The Supreme Court held that Order VIII Rule 1 of the CPC is directory, not mandatory, with respect to filing written statements in election petitions. The High Court possesses the power to extend the time for filing written statements in exceptional circumstances, even beyond the prescribed 90 days. This authority emanates from the Representation of the People Act, 1951 and the Rules framed thereunder, which override CPC provisions. The written statement in the present case shall be taken on record subject to payment of costs.

Parties
Appellant: Kailash; Respondent: Nanhku
Jurisdiction
India
Judgment Date
06 April 2005
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against Order of Allahabad High Court in E.p. No. 1 of 2004
Outcome
Appeal allowed
Legal Topics
Limitation for Written Statement, Applicability of CPC Provisions to Election Petitions, Extension of Time in Election Petitions
Election Law Civil Procedure Limitation for Written Statement Applicability of CPC Provisions to Election Petitions Extension of Time in Election Petitions

Case Brief

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Parties

Kailash

Appellant

Nanhku

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against Order of Allahabad High Court in E.p. No. 1 of 2004

Legal Issues

  1. 1 When does the 'trial' of an election petition commence and is Order VIII Rule 1 CPC applicable?
  2. 2 Do High Court rules governing election petitions override CPC provisions?
  3. 3 Is the 90-day time limit under Order VIII Rule 1 CPC mandatory or directory?

Ratio Decidendi

The Supreme Court held that Order VIII Rule 1 of the CPC is directory, not mandatory, with respect to filing written statements in election petitions. The High Court possesses the power to extend the time for filing written statements in exceptional circumstances, even beyond the prescribed 90 days. This authority emanates from the Representation of the People Act, 1951 and the Rules framed thereunder, which override CPC provisions. The written statement in the present case shall be taken on record subject to payment of costs.

Court Disposition

Appeal allowed

Orders

  • The written statement filed by the appellant shall be taken on record in the High Court subject to payment of Rs. 5000 as costs to the respondent No. I within 4 weeks from the date of judgment.
  • No order as to costs in the Supreme Court appeal.