D.N. JEEVARAJU & ANR. versus D. SUDHAKAR & ORS. ETC.

D.N. JEEVARAJU & ANR. versus D. SUDHAKAR & ORS. ETC.

The Supreme Court held that the inclusion of a sentence stating the petitioners had not left BJP in the independent MLAs' writ petition was an inadvertent and unintentional error due to preparation of two similar sets of petitions. There was no positive evidence the independent MLAs had joined the BJP; thus, the High Court correctly allowed the amendment of pleadings, and the sentence could not be treated as a binding admission or a basis for disqualification.

Parties
Petitioners: D.N. Jeevaraju & Anr.; Respondents: D. Sudhakar & Ors. etc.
Jurisdiction
India
Judgment Date
16 December 2010
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on Challenge to High Court Order
Outcome
Special Leave Petitions dismissed
Legal Topics
Legislative Disqualification, Amendment of Pleadings, Tenth Schedule, Writ Petition, Inadvertent Error, Admission in Pleadings
Constitutional Law Civil Procedure Legislative Disqualification Amendment of Pleadings Tenth Schedule Writ Petition Inadvertent Error Admission in Pleadings

Case Brief

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Parties

D.N. Jeevaraju & Anr.

Petitioners

D. Sudhakar & Ors. etc.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on Challenge to High Court Order

Legal Issues

  1. 1 Whether amendment to a writ petition to correct an inadvertent statement about party membership should be allowed
  2. 2 Whether a stray statement in a writ petition amounts to a binding admission justifying disqualification of independent MLAs

Ratio Decidendi

The Supreme Court held that the inclusion of a sentence stating the petitioners had not left BJP in the independent MLAs' writ petition was an inadvertent and unintentional error due to preparation of two similar sets of petitions. There was no positive evidence the independent MLAs had joined the BJP; thus, the High Court correctly allowed the amendment of pleadings, and the sentence could not be treated as a binding admission or a basis for disqualification.

Court Disposition

Special Leave Petitions dismissed

Orders

  • No interference with High Court order allowing amendment to writ petition
  • No order as to costs