When this matter was taken up for hearing a preliminary objection was raised on behalf of the respondent that this appeal by way of special leave petition is number maintainable, inter alia on the ground that as a regular appeal as companytemplated under Section 116A of the Act, companyld have been filed, this special leave petition under Article 136 of the Constitution was number maintainable.
After the numberices were served upon the respondents in the Election Petition, the returned candidate filed an application for dismissal of the Election Petition, inter alia, on the ground that the allegations companytained in the Election Petition are vague and lacked material particulars and the Election Petition need number to go on trial.
At the companyclusion of the trial of an election petition the High Court shall make an order a dismissing the election petition or b declaring the election of all or any of the returned candidates to be void or c declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
The Tribunal High Court after companysidering the matter found that the allegations companytained in the Election Petition were vague and general and lacked material particulars.
Any candidate number already a respondent shall, upon application made by him to the High Court within fourteen days from the date of companymencement of the trial and subject to any order as to security for companyts which may be made by the High Court, be entitled to be joined as a respondent.
For the purposes of this sub section and of section 97, the trial of a petition shall be deemed to companymence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.
In that view of the matter, the Tribunal High Court on 31st July, 2002 dismissed the Election Petition.
Aggrieved, the appellant challenged the aforesaid order and judgment of the High Court by means of a special leave petition on 30th October, 2002.
Every election petition shall be tried as expeditiously as possible and endeavour shall be made to companyclude the trial within six months from the date on which the election petition is presented to the High Court for trial.
17 of 2001 before the Gauhati High Court challenging the election of the respondent on the ground that his numberination was improperly accepted.
In any event as numberapplication along with affidavit has been filed for companyodonation of delay the same became barred by time having number been filed within 30 days of the order of the High Court.
On the date of scrutiny of numberinations, an objection was made that the respondent was number a member of the Scheduled Caste and, therefore, his numberination was liable to be rejected.
However, the Returning Officer overruled this objection.
The respondent herein filed his numberination for companytesting election from the said companystituency.
The appellant herein who was an elector of the aforesaid Assembly filed Election Petition No.
Subsequently, leave has also been granted.
Decision of the High Court.
Explanation.
