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Issues: (i) whether deletion of one relief in an election petition and the consequential deletion of recrimination amounted to withdrawal of the election petition or rendered the earlier orders a nullity; (ii) whether an election petition can be dismissed for default and restored at the instance of a respondent.
Issue (i): whether deletion of one relief in an election petition and the consequential deletion of recrimination amounted to withdrawal of the election petition or rendered the earlier orders a nullity.
Analysis: An election petition is a strictly statutory proceeding governed by the Representation of the People Act, 1951, which operates as a self-contained code. Deletion of one claimed relief does not necessarily amount to withdrawal of the election petition itself, because the petition may still survive for adjudication on the remaining reliefs. The earlier orders allowing deletion of the prayer and the consequential deletion of other parties had become final and were not open to challenge in the present appeal.
Conclusion: The earlier orders were not nullities and could not be reopened in this appeal.
Issue (ii): whether an election petition can be dismissed for default and restored at the instance of a respondent.
Analysis: Where the election petitioner fails to appear or prosecute the petition, the applicable civil procedure provisions permit dismissal for default. Such dismissal is governed by the Code of Civil Procedure, 1908, because the election law does not exclude its application on that point. However, restoration under Order IX Rule 9 is confined to the plaintiff or petitioner whose default led to dismissal. The respondent has no locus to seek restoration of a dismissed election petition, and the special provisions relating to withdrawal or abatement cannot be extended by analogy to cover restoration at the instance of a respondent.
Conclusion: The dismissal for default was valid, and the respondent was not entitled to seek restoration.
Final Conclusion: The appeal raised no sustainable ground for interference, and the refusal to restore the election petition was upheld.
Ratio Decidendi: In an election petition, deletion of a relief does not amount to withdrawal of the petition unless the petition itself is withdrawn in accordance with the statute, and a petition dismissed for default may be restored only at the instance of the petitioner whose default caused the dismissal, not by a respondent.
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