Representation of Peoples Act, 1951 – s. 87(1) – Procedure before the High Court – Filing of replication by the election petitioner to the written statement filed by the returned candidate – Grant of leave by the High Court – When: Held: As per s. 87(1), the High Court, acting as an Election Tribunal, is vested with all such powers as are vested in a civil court under the CPC and as such in exercise of its powers u/Ord. VIII r. 9 CPC, is empowered to grant leave to an election petitioner to file a replication – However, such leave is not to be granted mechanically, the averments made in the plaint/election petition, the written statement and the replication to be considered – Upon consideration thereof, the Court may grant leave to explain/clarify the facts newly raised or pleaded in the written statement – Furthermore, while considering grant of leave, the Court must bear in mind that replication is not needed to merely traverse facts pleaded in the written statement, replication is not a substitute for an amendment; and a new cause of action or plea inconsistent with the plea taken in original petition/plaint is not to be permitted in the replication – On facts, the material facts alleged in the election petition were that while filing nomination papers the returned candidate failed to disclose details of some of his bank accounts, ownership of a motor vehicle, details of his spouse’s profession/occupation, the investment made and the details of his liability – Replication only sought to meet the explanation given by the returned candidate in his writtem statement – Replication did not seek to incorporate any new material facts or a new cause of action to question the election – It only sought to explain the averments made in the written statement – Thus, order of the High Court granting leave to the election petitioner to file a replication in answer to the new facts asserted in the written statement filed by the returned candidate justified and well within the discretionary jurisdiction of the High Court. [Paras 20-25]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.