JAGAT KISHORE PRASAD NARAIN SINGH versus RAJENDRA KUMAR PODDAR AND ORS

JAGAT KISHORE PRASAD NARAIN SINGH versus RAJENDRA KUMAR PODDAR AND ORS

The existence of serious discrepancies between the original election petition and the copy supplied to the respondent, particularly in material allegations concerning alleged corrupt practice, was bound to mislead and prejudice the respondent's defence. The requirement of supplying a true copy was not either fully or substantially complied with; therefore, the petition is liable to be dismissed under s. 86 of the Act.

Parties
Appellant: Jagat Kishore Prasad Narain Singh; Respondent No. 1: Rajendra Kumar Poddar; Respondents: Other Respondents (including respondent no. 13)
Jurisdiction
India
Judgment Date
14 August 1970
Procedural Posture
Civil Appeal Under S. 116 a of the Representation of the People Act, 1951 / Appeal From the Judgment and Order Dated July 14, 1969 of the Patna High Court in Election Petition No. 1 of 1968
Outcome
Appeal dismissed
Legal Topics
Non Compliance With Statutory Requirements in Election Petitions, Requirement of True Copy Under S. 81(3) of the Representation of the People Act, 1951, Grounds for Dismissal Under S. 86 of the Representation of the People Act
Election Law Non Compliance With Statutory Requirements in Election Petitions Requirement of True Copy Under S. 81(3) of the Representation of the People Act, 1951 Grounds for Dismissal Under S. 86 of the Representation of the People Act, 1951

Case Brief

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Parties

Jagat Kishore Prasad Narain Singh

Appellant

Rajendra Kumar Poddar

Respondent No. 1

Other Respondents (including respondent no. 13)

Respondents

Procedural Posture

Civil Appeal Under S. 116 a of the Representation of the People Act, 1951 / Appeal From the Judgment and Order Dated July 14, 1969 of the Patna High Court in Election Petition No. 1 of 1968

Legal Issues

  1. 1 Whether serious discrepancies between the original election petition and the copy supplied to the respondent amount to non-compliance with s. 81(3) of the Representation of the People Act, 1951, making the petition liable to dismissal under s. 86 of the Act

Ratio Decidendi

The existence of serious discrepancies between the original election petition and the copy supplied to the respondent, particularly in material allegations concerning alleged corrupt practice, was bound to mislead and prejudice the respondent's defence. The requirement of supplying a true copy was not either fully or substantially complied with; therefore, the petition is liable to be dismissed under s. 86 of the Act.

Court Disposition

Appeal dismissed

Orders

  • Petition dismissed under s. 86 of the Representation of the People Act, 1951
  • Appellant to pay costs