Law: Representation of the People Act, 1976

Section: 76,64

Law: Representation of the People Act, 1976

Section: 76,64

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 52, 64 & 76---Civil Procedure Code (V of 1908), O.IX, R.9---Application for restoration of election petition dismissed in default of appearance---Wrong noting of date of hearing in case diary by petitioner's Counsel, ground of---Such application accompanied with relevant pages of case diary of Counsel supported by un-rebutted affidavit---Validity---Record showed that petitioner and his counsel had been pursuing his case regularly---Such ground for being un-rebutted seemed to be genuine and sufficient---Decision of case on merits was cherished goal of law---Superior Courts, had discouraged technical knock-out of litigants---Election Tribunal restored election petition to its original on payment of costs of Rs.10,000 in circumstances. (b) Representation of the People Act (LXXXV of 1976)--- ----Ss. 52, 64 & 76---Civil Procedure Code (V of 1908), O.IX, R.8---Restoration of election petition dismissed in default of appearance---Powers of Election Tribunal---Scope---Election Tribunal having all powers of' a civil court under C.P.C., would be deemed to be a civil court, thus, could pass order for restoration of such petition under relevant provisions thereof and also in exercise of its inherent powers--Principles. As per section 76 of the Representation of the People Act, 1976, Election Tribunal under its authority can dismiss the petition, if the petitioner makes no appearance. However, the entire Act and its rules contain no provision for setting aside or restoration of the election petition dismissed in default. From the bare reading of section 64 of the Act regarding the powers of Election Tribunal, it becomes absolutely clear that Tribunal shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and shall be deemed to be a civil court. While keeping in view powers under section 64, it can safely be held that Election Tribunal while assuming the jurisdiction under the Act, has all the powers under the C.P.C., and as such can pass any order according to the circumstances of the case including dismissal of application and restoration of the same under the…

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