The election petition was assigned to J. M. L,.
A/54 to the said application companytending, inter alia, that the procedure prescribed under O.XI relating to interrogatories was number applicable to the trial of election petitions in the High Court and was number companyered by s. 87 of the Act.
A/53 under O. XI, r. 1 of the Code of Civil Procedure for grant of leave to respondent No.
The respondent No.
104 of 1975 Appeal by special leave from the judgment and order dated the 12th December, 1974 of the Allahabad High Court in Application Paper No.
A 53 in Election Petition No.
The appellant was declared duly elected in the said election and the respondent No.
Yogeshwar Prasad and Rani Arora, for the appellant K C. Agarwala and K. M. L. Srivastava, for respondent number 1.
1 to deliver interrogatories in writing for the examination of the appellant and filed certain interrogatories along with his application.
1 filed an election petition being Election Petition No.
Sinha, J. who framed a number of issues on October 4, 1974.
In October 1974 respondent No.
The appellant filed her objections being Paper No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave involves an interpretation of the scope and ambit of s. 87 of the Representation of the People Act, 1951, as amended by Act 47 of 1966.
30 of 1974.
1 filed all application being Paper No.
30 of 1974 in the High Court of Allahabad some time in April 1974 challenging the election of the appellant on various grounds.
For the purpose of brevity, the Representation of the People Act, 1951 shall be referred to as the Act of 1951 shall the Representation of the People Act as amended by Act 47 of 1966 as the Act.
Hence this appeal by special leave.
1 was defeated.
The application filed by the first respondent and the objections of the appellant came up for companysideration before the learned Single Judge who by his order dated December 12, 1974, held that the provisions of O.XI fully applied to the election petitions and accordingly rejected the objections filed by the appellant.
The circumstances under which this appeal arises may be succinctly stated as follows.
An election for the U.P. Legislative Assembly for 275 Allahabad North Assembly Constituency was held on February 6, 1974 In this election the appellant was a candidate put up by the Congress Ruling party and his election was companytested by the first respondent Ram Adhar Yadav who was set up by the Samukta Socialist party.
The appellant filed a detailed written statement denying all the allegations made by the first respondent in his petition.
It appeals that under the Act of 1951 the power to try election petitions was companyferred on the Tribunal and s. 92 of that Act expressly companyferred powers under O.XI of the Code of Civil Procedure on the Tribunal.
