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Report No. 255

(iv) Section 86

  • In sub-section (1), after the words "section 82", delete "or section 117".
  • In sub-section (2), delete the word "one of the" appearing after "referred to the judge or"; and delete the word "assigned" appearing after "has or have been" and insert the word "designated" in its place; and after the words "by the Chief Justice", add the words "as the election bench".
  • After sub-section (2), add sub-section (2A) with the following words: "(2A)(1) There shall be one or more election benches, comprising of one or more judges, as designated by the Chief Justice of the High Court under Section 80A(2), which shall only be dealing with election petitions presented in accordance with the provisions of this Part.

(2) The trial of an election petition shall be continued from day to day until its conclusion, and the election bench shall not grant any adjournments unless sufficient cause is made out and may impose costs, including exemplary costs, on the party seeking the adjournment.

(3) Every election petition shall be tried as expeditiously as possible and trial shall be concluded within six months from the date on which the election petition is presented to the High Court for trial.

Provided that if the trial is not concluded within six months, the designated election bench shall, for reasons to be recorded in writing, explain the cause for delay in a report to the Chief Justice of the High Court.

(4) The respondent(s) shall file the written statement within forty-five days from the date of service of summons.

Provided that if the election bench is satisfied that the respondent(s) were prevented by sufficient cause from filing the written statement within the said period of forty-five days, it may entertain the written statement within a further period of fifteen days, but not thereafter.

Provided further that on expiry of such fifteen-day period, the respondent(s) shall forfeit the right to file the written statement and the election bench shall not allow the written statement to be taken on record thereafter."

  • In sub-section (3), delete the words "Judge who" appearing after "referred for trial to the same" and replace it with "election bench that" instead; and delete the word "his" appearing before "discretion" and insert the word "its" in its place.
  • Delete entire sub-section (6) since it has already been incorporated in sub-section (2A)(2).
  • Delete entire sub-section (7) since it has already been incorporated in sub-section (2A)(3).


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