AELTEMESH REIN versus CHANDULAL CHANDRAKAR & OTHERS

AELTEMESH REIN versus CHANDULAL CHANDRAKAR & OTHERS

Sections 86 and 117 of the Representation of the People Act, 1951 are within the competence of Parliament under Article 329(b) of the Constitution, and non-compliance with section 117 mandates dismissal of the election petition under section 86(1).

Parties
Appellant: Aeltemesh Rein; Respondent: Chandulal Chandrakar; Respondent: Others
Jurisdiction
India
Judgment Date
10 March 1981
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Ultra Vires Challenge, Non Compliance With Statutory Procedure, Deposit of Security for Election Petition
Election Law Ultra Vires Challenge Non Compliance With Statutory Procedure Deposit of Security for Election Petition

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Parties

Aeltemesh Rein

Appellant

Chandulal Chandrakar

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether sections 86 and 117 of the Representation of the People Act, 1951 are ultra vires Article 329(b) of the Constitution
  2. 2 Consequence of non-compliance with section 117 of the Act

Ratio Decidendi

Sections 86 and 117 of the Representation of the People Act, 1951 are within the competence of Parliament under Article 329(b) of the Constitution, and non-compliance with section 117 mandates dismissal of the election petition under section 86(1).

Court Disposition

Appeal dismissed

Orders

  • Uphold High Court judgment
  • No order as to costs