Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-­ ---- S. 64---Election Commission's Notification No. F.1(7)/85 --- Election petition --- Summoning of witnesses through Court during pendency of election petition --- Election Tribunal allowing summoning of witnesses through Court whose names were neither mentioned in election petition nor they were official witnesses --- Validity --- Election Tribunal had power to allow production of witnesses even if their names were not mentioned in election petition and they were not official witnesses --- Perusal of Notification No. F.1(7)/85, issued by Election Commission showed that Election Tribunal could examine a witness in its discretion --- No specific prohibition had been mentioned in the Notification to grant permission to summon any witness through Court--­ Election Tribunal could refuse to examine a witness if it considered that his evidence was not material or that he had been called on a frivolous or vexatious ground for the purpose of delaying the proceedings or defeating the ends of justice, such elements were missing in the case for it could not be presumed that petitioner had filed such application for delaying the decision of his own petition --- Evidence had yet to be recorded; Election Tribunal would have jurisdiction to refuse to record evidence of witnesses if it had come to the conclusion that the application was vexatious-- ' -Election Tribunal had all the powers of Civil Court while trying an election petition as per terms of S.64, Representation of the People Act, 1976, therefore, it had the jurisdiction to pass the order of summoning witnesses through Court --- All procedures were meant for advancement of cause of justice and not for the purpose of entrapping a litigant or to punish him-- Merely because names of witnesses were not mentioned in election petition or their affidavits were not appended therewith and they were -not Government Officials would not place any embargo on the discretionary powers of Court to summon such witnesses through Court --- Order passed by Election Tribunal in summoning witnesses through Court was thus, quite lawful, just and in accord with the principles of…

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