representation of the People Act, 1951, S .80, 81, 100(1)(d)(ii) & (iv) – Election petition – pleadings – Not permissible for the court to permit a party to seek a roving enquiry – Facts must be pleaded and supporting evidence be lead. Civil P.C. (1908), O. 14, R.1.
Held.
During the trial of an election petition, it is not permissible for the court to permit a party to seek a roving enquiry. The party must plead the material fact and adduce evidence to substantiate the same so that the court may proceed to adjudicate upon that issue. Before the court permits the recounting, the following conditions must be satisfied :
PLRonline 313402
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