BASHIR MUSA PATEL versus SATYAWAN GANPAT .JAWKAR AND ORS.

BASHIR MUSA PATEL versus SATYAWAN GANPAT .JAWKAR AND ORS.

Having found that particulars of corrupt practices were missing in the election petition, it was an error for the High Court to direct furnishing those particulars, as it would allow respondents to fill gaps and prejudice the appellant; therefore, the impugned direction stands set aside.

Parties
Appellant: Bashir Musa Patel; Respondents: Satyawan Ganpat Jawkar and others
Jurisdiction
India
Judgment Date
02 December 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave Against an Order of the Bombay High Court in Election Petition No. 13 of 1990
Outcome
Appeal allowed
Legal Topics
Corrupt Practices, Particulars in Election Petition, Section 86(5) Representation of Peoples Act
Election Law Corrupt Practices Particulars in Election Petition Section 86(5) Representation of Peoples Act

Case Brief

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Parties

Bashir Musa Patel

Appellant

Satyawan Ganpat Jawkar and others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against an Order of the Bombay High Court in Election Petition No. 13 of 1990

Legal Issues

  1. 1 Whether the High Court can direct furnishing particulars of corrupt practices missing in the election petition under Section 86(5) of the Representation of Peoples Act, 1951

Ratio Decidendi

Having found that particulars of corrupt practices were missing in the election petition, it was an error for the High Court to direct furnishing those particulars, as it would allow respondents to fill gaps and prejudice the appellant; therefore, the impugned direction stands set aside.

Court Disposition

Appeal allowed

Orders

  • The impugned direction stands set aside
  • The learned Judge may proceed with the trial in accordance with law.