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16. In this regard the petitioner has placed reliance over Section 80A and Section 87 of the Act 1951. The petitioner contends that Section 80A of the Act 1951 provides that the court having jurisdiction to try an election petition shall be this Court. Placing reliance on Section 87 of the Act 1951 it is argued that the procedure before the High court would be that every election petition has to be tried by the High Court as nearly as may be in accordance with the procedure applicable under the CPC 1908 to the trial of a suit.

24. So far as the question (b) is concerned, for deciding the said question, the Court would have to consider Section 80A and 87 of the Act 1951.

25. Section 80A of the Act 1951 reads as under:

"80-A. High Court to try election petitions. -
(1) The Court having jurisdiction to try an election petition shall be the High Court.
(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice, shall, from time to time, assign one or more Judges for that purpose:

27. From a perusal of Section 80A of the Act 1951 it emerges that it is the High Court which is to try the election petition.

28. So far as Section 87 of the Act, 1951 is concerned, the said provision provides that every election petition shall be tried by the High Court as nearly as may be, in accordance with the procedure applicable under CPC. The said Section further however provides that the High Court shall have the discretion to refuse to examine any witness and that the provisions of the Indian Evidence Act, 1872 shall, subject to the provisions of the Act 1951, be deemed to apply in respect of trial of an election petition. However, as this Court is only required to decide the applicability of the provisions of CPC to the election petition as such other provisions of the said section are not relevant to be considered by this Court at this stage.