SHEIKH NOORUL HASSAN versus NAHAKPAM INDRAJIT SINGH & ORS.

SHEIKH NOORUL HASSAN versus NAHAKPAM INDRAJIT SINGH & ORS.

Section 87(1) of the Representation of the People Act, 1951 empowers the High Court, acting as an Election Tribunal, to exercise the powers of a civil court and therefore, in exercise of its powers under Order VIII Rule 9 CPC, may grant leave to an election petitioner to file a replication; such leave must not be...

Source-derived case information.

Parties
Appellant: Nahakpam Indrajit Singh; Respondent: Sheikh Noorul Hassan
Jurisdiction
India
Judgment Date
08 May 2024
Procedural Posture
Civil Appeal / Appeal From High Court Order Dated 14.03.2023 in Mc(el. Pet.) No. 119 of 2022
Outcome
Appeal dismissed
Legal Topics
Election Petition, Subsequent Pleading, Replication, Grant of Leave, Written Statement, Facts Newly Raised or Pleaded, Substitute for an Amendment, Cause of Action, Returned Candidate
Representation of Peoples Act, 1951 Code of Civil Procedure, 1908 Indian Evidence Act, 1872 Election Law Civil Procedure Election Petition Subsequent Pleading Replication +6 more

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Summary, issues, holding and outcome

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Parties

Nahakpam Indrajit Singh

Appellant

Sheikh Noorul Hassan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Dated 14.03.2023 in Mc(el. Pet.) No. 119 of 2022

Legal Issues

  1. 1 Whether subsequent pleading (replication) under Order VIII Rule 9 CPC is permissible in proceedings of an election petition under the Representation of the People Act, 1951
  2. 2 If permissible, in what circumstances may an Election Tribunal/High Court grant leave to file such subsequent pleading

Ratio Decidendi

Section 87(1) of the Representation of the People Act, 1951 empowers the High Court, acting as an Election Tribunal, to exercise the powers of a civil court and therefore, in exercise of its powers under Order VIII Rule 9 CPC, may grant leave to an election petitioner to file a replication; such leave must not be granted mechanically but after considering the plaint, written statement and proposed replication, ensuring the replication only explains or rebuts new matter in the written statement and does not introduce new material facts or a new cause of action inconsistent with the original petition. On the facts, the replication merely sought to meet explanations in the written statement...

Court Disposition

Appeal dismissed

Orders

  • High Court order dated 14.03.2023 granting leave to file replication upheld
  • Appeal dismissed