Rajasthan Panchayati Raj (Election) Rules, 1994–Rule 85–Code of Civil Procedure, 1908–Order 26, Rule 1–Election petition–Tribunal granted the permission to record the evidence of L through the Court Commissioner–Under challenge–Sufficient documents were produced before the ElectionTribunal to establish that the election petitoner L who is aged about 72 years, is suffering from serious ailments and, therefore, she is entltled to be cross-examined by the Commissioner appointed by the Election Tribunal–As per Rule 85 of Rules of 1994, the Election Tribunal has the discretion to determine the applicability of CPC to the case and procedure provided under CPC shall not apply to the case automatically–Held, no error is found in the impugned order.
