KRISHAN CHANDER versus RAM LAL

KRISHAN CHANDER versus RAM LAL

The mandatory requirement under section 82(b) of the Representation of the People Act, 1951, to implead defeated candidates against whom allegations of corrupt practice are made, must be complied with; otherwise, the election petition is liable to be dismissed under section 86, and this does not violate Article 14.

Parties
Appellant: Krishan Chander; Respondent: Ram Lal
Jurisdiction
India
Judgment Date
10 August 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Election Petition Dismissal
Outcome
Appeal dismissed
Legal Topics
Mandatory Party Impleadment in Election Petition, Corrupt Practices Under Representation of the People Act, Procedural Compliance Under Election Law, Article 14 Challenge
Election Law Constitutional Law Mandatory Party Impleadment in Election Petition Corrupt Practices Under Representation of the People Act Procedural Compliance Under Election Law Article 14 Challenge

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Parties

Krishan Chander

Appellant

Ram Lal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Election Petition Dismissal

Legal Issues

  1. 1 Whether non-impleadment of defeated candidates against whom corrupt practices are alleged mandates dismissal of the election petition under section 82(b) of the Representation of the People Act, 1951
  2. 2 Whether section 82(b) violates Article 14 of the Constitution
  3. 3 Whether affidavit must state source of information for allegations of corrupt practice

Ratio Decidendi

The mandatory requirement under section 82(b) of the Representation of the People Act, 1951, to implead defeated candidates against whom allegations of corrupt practice are made, must be complied with; otherwise, the election petition is liable to be dismissed under section 86, and this does not violate Article 14.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs