AJAY MAKEN versus ADESH KUMAR GUPTA & ANR.

AJAY MAKEN versus ADESH KUMAR GUPTA & ANR.

Non-impleadment of Vijay Goel was not fatal to the election petition as there were no allegations of corrupt practice made against him in the body of the petition; mere mention in an annexure not authored by the petitioner does not amount to an allegation in the petition for the purposes of s.82(b).

Source-derived case information.

Parties
Appellant: Ajay Maken; Respondent: Adesh Kumar Gupta; Respondent: Another (Returning Officer)
Jurisdiction
India
Judgment Date
11 December 2012
Procedural Posture
Civil Appeal / From the Judgment & Order Dated 30.05.2011 of the High Court of Delhi at New Delhi in EP No. 20 of 2009, IA No. 13851 of 2009
Outcome
Appeal partly allowed; High Court order set aside in part, matter remitted.
Legal Topics
Representation of the People Act, 1951 S.82, Election Petition, Corrupt Practices, Non Impleadment of Necessary Parties, True Copy Requirement (s.81(3))
Election Law Representation of the People Act, 1951 S.82 Election Petition Corrupt Practices Non Impleadment of Necessary Parties True Copy Requirement (s.81(3))

Source-derived case record

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Parties

Ajay Maken

Appellant

Adesh Kumar Gupta

Respondent

Another (Returning Officer)

Respondent

Procedural Posture

Civil Appeal / From the Judgment & Order Dated 30.05.2011 of the High Court of Delhi at New Delhi in EP No. 20 of 2009, IA No. 13851 of 2009

Legal Issues

  1. 1 Whether non-impleadment of another candidate ('Vijay Goel') against whom corrupt practice allegations appeared in an annexure, but not in the election petition itself, was fatal under s.82(b) of Representation of the People Act, 1951
  2. 2 Whether the copy served on the appellant was not a true copy of the original within the meaning of s.81(3) of the Act, requiring dismissal of the election petition

Ratio Decidendi

Non-impleadment of Vijay Goel was not fatal to the election petition as there were no allegations of corrupt practice made against him in the body of the petition; mere mention in an annexure not authored by the petitioner does not amount to an allegation in the petition for the purposes of s.82(b).

Court Disposition

Appeal partly allowed; High Court order set aside in part, matter remitted.

Orders

  • Election petition cannot be dismissed on ground of non-impleadment of Vijay Goel ('V'), as there were no allegations against him in the body of the petition.
  • Matter remitted to the High Court for fresh consideration on whether the copy served was a true copy as per s.81(3) of the Act.