DAULAT RAM CHAUHAN versus ANAND SHARMA

DAULAT RAM CHAUHAN versus ANAND SHARMA

In the absence of clear and specific allegations, with requisite particulars and an express or implied nexus of consent between the candidate and the alleged acts, mere participation by other candidates in a rally does not amount to corrupt practice as contemplated by section 123, and thus the petition was not liable to dismissal in limine for non-joinder under section 82(b) and 86.

Parties
Appellant: Daulat Ram Chauhan; Respondent: Anand Sharma
Jurisdiction
India
Judgment Date
16 January 1984
Procedural Posture
Civil Appeal / Preliminary Objection in Election Appeal
Outcome
Preliminary objection overruled
Legal Topics
Corrupt Practices, Necessary Parties in Election Petition, Pleading Requirements
Election Law Corrupt Practices Necessary Parties in Election Petition Pleading Requirements

Case Brief

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Parties

Daulat Ram Chauhan

Appellant

Anand Sharma

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection in Election Appeal

Legal Issues

  1. 1 Whether failure to implead candidates against whom corrupt practice is alleged renders the election petition liable to summary dismissal under section 82(b) read with section 86 of the Representation of the People Act, 1951
  2. 2 Whether the allegations in the petition constitute corrupt practice against the non-impleaded candidates within the meaning of section 123

Ratio Decidendi

In the absence of clear and specific allegations, with requisite particulars and an express or implied nexus of consent between the candidate and the alleged acts, mere participation by other candidates in a rally does not amount to corrupt practice as contemplated by section 123, and thus the petition was not liable to dismissal in limine for non-joinder under section 82(b) and 86.

Court Disposition

Preliminary objection overruled

Orders

  • Election petition not liable to be dismissed under section 86; appeal to be heard on merits