recounting ordered by way of Interlocutory order in the application filed in I.A.No.840 of 2013 but after reviewing entire law, single judge of this Court concluded that ordering recounting by way of interlocutory order amounts to granting main relief in the election petition and no pre-trial reliefs can be granted. Learned Counsel Sri P.Veera Reddy further drawn attention of this Court to the judgment of Kummari Ramulu (supra 8), wherein a Division Bench of this Court held that the powers which the Election Tribunal while trying election petition, which are vested in a Court while trying the suit under the Code of Civil Procedure Code, are only for discovery and inspection, enforcement of attendance of witnesses and requiring deposit of expenses, compelling production of documents, examining witnesses on oath, reception of evidence taken on affidavit and issuing commission for examination of witnesses. Nowhere, the rule makes a provision that Election Tribunal shall have the power to permit amendment of election petition or addition, substitution or deletion of parties, which is a specific power available to a civil Court while trying a suit under the Code of Civil Procedure. Law enjoins upon trial of election petition expeditiously. That being the purpose, the Legislature in its wisdom rightly conferred specific powers on the Election Tribunal while trying election petition, which are enjoined upon a Civil Court while trying a suit, and not all the powers exercisable by a Civil Court as provided under the Code of Civil Procedure. That being the purpose, it has to be assumed that the powers, which are not mentioned in the rules, cannot be exercised by the Election Tribunal. Moreover, power to permit addition of a party after the period of limitation is such a power that can be exercised only when it is specifically conferred on the Tribunal.”
