LAW FOR ALL

Election petition - Or.VII, rule 11 C.P.C. - should be disposed of first - an opportunity should be given for filing written statement if it is dismissed = (i) The Court has not disposed of an application filed by her under Order VII Rule 11 of The Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) for rejection of the Election Petition and the same has been posted along with the main petition = Apex court held that Without disposing of an application under Order VII Rule 11 of the CPC, the court cannot proceed with the trial. In that view of the matter, the impugned order is only to be set aside. Ordered accordingly.-In Saleem Bhai case (supra), this Court has also held that … “A direction to file the written statement without deciding the application under Order VII Rule 11 cannot but be a procedural irregularity touching the exercise of jurisdiction of the trial court.” However, we may hasten to add that the liberty to file an application for rejection under Order VII Rule 11 of the CPC cannot be made as a ruse for retrieving the lost opportunity to file the written statement. ; and (ii) She is denied an opportunity to file written statement.= Apex court held that However, the concern expressed by the High Court with regard to the alleged attempt on the part of the appellant for delaying the trial of the Election Petition cannot be brushed aside. Therefore, we have heard the learned Senior Counsel appearing for the appellant on the application under Order VII Rule 11 of the CPC. We are satisfied that the said Application does not come within the purview of any of the situations under Order VII Rule 11 (a) to (f) of the CPC. Therefore, the application is rejected. In the peculiar facts of this case which we have narrated above, the appellant is given an opportunity to file written statement in the Election Petition within two weeks from today.