JYOTI BASU & OTHERS. versus DEBI GHOSAL & OTHERS.

JYOTI BASU & OTHERS. versus DEBI GHOSAL & OTHERS.

Only candidates as specified under Sections 82 and 86(4) of the Representation of the People Act, 1951 may be joined as respondents to an election petition. Persons who are not candidates may not be impleaded, even if allegations of corrupt practice are made against them.

Parties
Appellant: Jyoti Basu; Appellant: Budhadeb Bhattacharya; Appellant: Hashim Abdul Halim; Respondent: Debi Ghosal; Respondent: R.K. Lala; Respondent: T.V.S.N. Chari
Jurisdiction
India
Judgment Date
26 February 1982
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Election Petition Parties, Corrupt Practice Allegations, Role of Proper Parties, Statutory Rights Under Representation of the People Act
Election Law Election Petition Parties Corrupt Practice Allegations Role of Proper Parties Statutory Rights Under Representation of the People Act

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Parties

Jyoti Basu

Appellant

Budhadeb Bhattacharya

Appellant

Hashim Abdul Halim

Appellant

Debi Ghosal

Respondent

R.K. Lala

Respondent

T.V.S.N. Chari

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Calcutta High Court

Legal Issues

  1. 1 Who can be impleaded as a respondent in an election petition under Representation of the People Act, 1951?
  2. 2 Whether persons who are not candidates can be joined as respondents based on allegations of corrupt practice

Ratio Decidendi

Only candidates as specified under Sections 82 and 86(4) of the Representation of the People Act, 1951 may be joined as respondents to an election petition. Persons who are not candidates may not be impleaded, even if allegations of corrupt practice are made against them.

Court Disposition

Appeal allowed

Orders

  • Names of the appellants and seventh respondent are directed to be struck out from the array of parties in the election petition.
  • Costs awarded to the appellants.