ISHWARDAS ROHANI versus ALOK MISHRA & ORS.

ISHWARDAS ROHANI versus ALOK MISHRA & ORS.

High Court's order permitting amendment and curing of defects was correct as long as opportunity is given and defects are curable; but an election petition lacking material facts is fatally defective and cannot be cured beyond limitation. Due to difference of opinion, matter referred to larger bench.

Parties
Appellant: Ishwardas Rohani; Respondent No. 1: Alok Mishra; Respondents: Unknown Others
Jurisdiction
India
Judgment Date
03 May 2012
Procedural Posture
Civil Appeal / Upon Appeal From High Court in Election Petition No.22 of 2009
Outcome
Difference of opinion; matter referred to larger bench. Appeal dismissed by Kabir,J; appeal allowed by Chelameswar,J.
Legal Topics
Election Petition Pleadings, Corrupt Practices, Representation of the People Act, 1951, Cause of Action, Amendment of Pleadings, Limitation Period
Election Law Election Petition Pleadings Corrupt Practices Representation of the People Act, 1951 Cause of Action Amendment of Pleadings Limitation Period

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Ishwardas Rohani

Appellant

Alok Mishra

Respondent No. 1

Unknown Others

Respondents

Procedural Posture

Civil Appeal / Upon Appeal From High Court in Election Petition No.22 of 2009

Legal Issues

  1. 1 Whether the High Court was correct in allowing amendment/cure of defects in an election petition alleging corrupt practices
  2. 2 Whether failure to state material facts in election petition is fatal
  3. 3 Whether amendment after limitation period is permissible

Ratio Decidendi

High Court's order permitting amendment and curing of defects was correct as long as opportunity is given and defects are curable; but an election petition lacking material facts is fatally defective and cannot be cured beyond limitation. Due to difference of opinion, matter referred to larger bench.

Court Disposition

Difference of opinion; matter referred to larger bench. Appeal dismissed by Kabir,J; appeal allowed by Chelameswar,J.

Orders

  • No interference with High Court's order permitting amendment and curing of defects.
  • If defects not cured after opportunity, strict procedure applies.