RAJENDRA KUMAR BAJPAI versus RAM ADHAR YADAV & OTHERS

RAJENDRA KUMAR BAJPAI versus RAM ADHAR YADAV & OTHERS

Section 87 of the Representation of the People Act, 1951 mandates that election petitions in the High Court be tried in accordance with the Code of Civil Procedure, and Order XI forms part of such procedure and is not excluded unless the Act contains contrary provisions; therefore, interrogatories pursuant to Order XI are fully covered and permissible in election petition trials.

Parties
Appellant: Rajendra Kumar Bajpai; Respondent No. 1: Ram Adhar Yadav; Respondents: Others
Jurisdiction
India
Judgment Date
06 August 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 12th December, 1974 of the Allahabad High Court in Application Paper No. a 53 in Election Petition No. 30 of 1974
Outcome
Appeal dismissed
Legal Topics
Applicability of Order XI of the Code of Civil Procedure to Election Petition Trials, Scope of Section 87 of the Representation of the People Act, 1951
Election Law Civil Procedure Applicability of Order XI of the Code of Civil Procedure to Election Petition Trials Scope of Section 87 of the Representation of the People Act, 1951

Case Brief

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Parties

Rajendra Kumar Bajpai

Appellant

Ram Adhar Yadav

Respondent No. 1

Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 12th December, 1974 of the Allahabad High Court in Application Paper No. a 53 in Election Petition No. 30 of 1974

Legal Issues

  1. 1 Whether provisions of Order XI of the Code of Civil Procedure can be applied to the trial of election petitions in the High Court by force of Section 87 of the Representation of the People Act, 1951

Ratio Decidendi

Section 87 of the Representation of the People Act, 1951 mandates that election petitions in the High Court be tried in accordance with the Code of Civil Procedure, and Order XI forms part of such procedure and is not excluded unless the Act contains contrary provisions; therefore, interrogatories pursuant to Order XI are fully covered and permissible in election petition trials.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs