Supreme Court of India · 2005-04-06
Kailash vs Nanhku & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 2441
- Court
- Supreme Court of India
- Petitioner
- Kailash
- Respondent
- Nanhku & Ors
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, D.M. Dharmadhikari, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the provisions of the Code of Civil Procedure, 1908 (CPC), specifically Order VIII Rule 1, do not automatically apply to the trial of election petitions under the Representation of the People Act, 1951. The Court clarified that the High Court's rules governing election petitions can override CPC provisions, and that the time limit for filing a written statement is directory rather than mandatory. The appeal was allowed, setting aside the High Court's order rejecting the written statement due to delay.