ABDULRASAKH versus K. P. MOHAMMED & ORS.

ABDULRASAKH versus K. P. MOHAMMED & ORS.

Minor defects in the election petition were permitted to be cured by the Judge, not by the Registry, within stipulated time and before notice to the appellant; therefore, the petition's presentation was within time as per s.81(1) of the Representation of People Act, 1951, and the appeal challenging summary dismissal was meritless and dismissed.

Parties
Appellant: Abdulrasakh; Respondent: K. P. Mohammed; Respondents: Ors.
Jurisdiction
India
Judgment Date
08 March 2018
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Election Petitions, Corrupt Practices, Limitation, Defective Pleadings, Supply of Evidence
Election Law Civil Procedure Election Petitions Corrupt Practices Limitation Defective Pleadings Supply of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Abdulrasakh

Appellant

K. P. Mohammed

Respondent

Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether curing minor defects in election petition beyond original presentation violates limitation under s.81(1) of Representation of People Act, 1951
  2. 2 Whether Registry can return and permit curing of defects in election petition
  3. 3 Whether supply of material objects (mobile phone chip) is mandated under s.81(3)

Ratio Decidendi

Minor defects in the election petition were permitted to be cured by the Judge, not by the Registry, within stipulated time and before notice to the appellant; therefore, the petition's presentation was within time as per s.81(1) of the Representation of People Act, 1951, and the appeal challenging summary dismissal was meritless and dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; parties to bear own costs.