DR. P. NALLA THAMPY THERA. vs B.L. SHANKER & OTHERS

The Supreme Court addressed the applicability of the Code of Civil Procedure, 1908 in the context of election petitions under the Representation of the People Act, 1951, specifically Sections 87 and 109. The Court held that the omission of a prayer from an election petition does not amount to withdrawal, and that a dismissed election petition cannot be restored at the instance of a person other than the original petitioner. The Court emphasized the necessity of adhering to statutory timelines for the disposal of election petitions, affirming the dismissal of the election petition for non-prosecution.