DANDA RAJESHWARI versus BODAVULA HANUMAYAMMA AND ORS.

DANDA RAJESHWARI versus BODAVULA HANUMAYAMMA AND ORS.

The High Court was right in directing the parties to file an election petition without going into the question of limitation after disposal of the writ petition, since facts warranted such direction as disputed questions are best canvassed before the Election Tribunal.

Parties
Petitioner: Danda Rajeshwari; Respondent: Bodavula Hanumayamma; Respondent: Others
Jurisdiction
India
Judgment Date
30 July 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Decision
Outcome
Petition dismissed
Legal Topics
Limitation in Election Petitions, Jurisdiction of High Court Under Article 226, Directions Regarding Statutory Remedies
Election Law Constitutional Law Limitation in Election Petitions Jurisdiction of High Court Under Article 226 Directions Regarding Statutory Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Danda Rajeshwari

Petitioner

Bodavula Hanumayamma

Respondent

Others

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the High Court was right in directing that an election petition be filed within three weeks of disposal of writ petition without going into the question of limitation
  2. 2 Whether such direction is valid in law given limitation rules in A.P. Panchayat Raj Rules

Ratio Decidendi

The High Court was right in directing the parties to file an election petition without going into the question of limitation after disposal of the writ petition, since facts warranted such direction as disputed questions are best canvassed before the Election Tribunal.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed
  • High Court's directions confirmed