- Question whether election proceedings are civil, criminal or quasi criminal in nature. Held: proceedings before the Election Tribunal are akin to civil proceedings — The filing of an election petition and a written statement and settling of issues are salient features of an election petition. An analysis of the Ordinance as a whole leaves no doubt that election proceedings are not criminal or quasi criminal. Civil Procedure Code has been made applicable though partly the proceedings are essentially civil in nature — The election petition is more or less the same as a plaint in a civil suit and written statement filed before the Election Tribunal is at par with a written statement in civil Court — Striking of issue is also essentially civil in nature — While framing issues what has been admitted or what has been denied the principles laid down in C.P.C. about denial, evasive denial etc. would be applicable. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (R)
- Object of the provisions governing trial of election petition — The object of the provisions which govern the trial of an election petition which are peculiar in nature is to find out whether the will of the electorate has been conducted without illegalities and free from corrupt and illegal practices — The will of the electorate has the basic importance. Where two views of the evidence were possible and one view has been taken by the Tribunal and its judgment has been upheld by the High Court, this Court will not normally interfere in these findings. Raja Abdul Qayyum v. Ch. Latif Akbar & others 1995 SCR 1 (X)
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