DHOOM SINGH versus PRAKASH CHANDRA SETHI & ORS.

DHOOM SINGH versus PRAKASH CHANDRA SETHI & ORS.

There is no provision in the Representation of People Act, 1951 allowing an elector to intervene in an election petition in circumstances other than those specifically provided for, such as withdrawal or abatement. The Court cannot read such a right into the statute where the legislature has not made provision for it. The appeal was therefore dismissed.

Parties
Appellant: Dhoom Singh; Respondent No. 1: Prakash Chandra Sethi; Respondent No. 2: Respondent No. 2; Respondent No. 3: Respondent No. 3
Jurisdiction
India
Judgment Date
20 February 1975
Procedural Posture
Civil Appeal / Appeal From Order of Madhya Pradesh High Court in Election Petition No. 13 of 1972
Outcome
Appeal dismissed
Legal Topics
Intervention in Election Petitions, Non Compliance With Representation of the People Act Requirements, Withdrawal and Abatement of Election Petitions
Election Law Intervention in Election Petitions Non Compliance With Representation of the People Act Requirements Withdrawal and Abatement of Election Petitions

Case Brief

Summary, issues, holding and outcome

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Parties

Dhoom Singh

Appellant

Prakash Chandra Sethi

Respondent No. 1

Respondent No. 2

Respondent No. 2

Respondent No. 3

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal From Order of Madhya Pradesh High Court in Election Petition No. 13 of 1972

Legal Issues

  1. 1 Whether an elector of the constituency has a right to intervene in an election petition when the original petitioner refrains from prosecuting or colludes with the returned candidate
  2. 2 Whether such conduct is tantamount to withdrawal requiring procedures under sections 109 and 110 of the Representation of People Act, 1951

Ratio Decidendi

There is no provision in the Representation of People Act, 1951 allowing an elector to intervene in an election petition in circumstances other than those specifically provided for, such as withdrawal or abatement. The Court cannot read such a right into the statute where the legislature has not made provision for it. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs