MAHADEORAO SUKAJI SHIVANKAR versus RAMARATAN BAPU AND ORS.

MAHADEORAO SUKAJI SHIVANKAR versus RAMARATAN BAPU AND ORS.

Material facts regarding corrupt practices were sufficiently pleaded in the election petition; particulars furnished by amendment application need not be treated as material facts for first time. However, since copy of amendment application was not served to returned candidate, High Court's order allowing the...

Source-derived case information.

Parties
Appellant: MAHADEORAO SUKAJI SHIVANKAR; Respondent: RAMARATAN BAPU; Respondent: Others
Jurisdiction
India
Judgment Date
13 August 2004
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Order in Election Petition No. 1 of 1999
Outcome
Appeal allowed. High Court order set aside. Matter remitted to High Court for fresh decision.
Legal Topics
Corrupt Practices, Pleading Requirements, Natural Justice
Election Law Civil Procedure Corrupt Practices Pleading Requirements Natural Justice

Source-derived case record

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

MAHADEORAO SUKAJI SHIVANKAR

Appellant

RAMARATAN BAPU

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Order in Election Petition No. 1 of 1999

Legal Issues

  1. 1 Whether the election petition was liable to be dismissed for lack of material facts regarding corrupt practices
  2. 2 Whether amendment application supplying particulars could be allowed without service to returned candidate
  3. 3 Whether the High Court's order was proper in rejecting applications filed by returned candidate and allowing application of defeated candidate

Ratio Decidendi

Material facts regarding corrupt practices were sufficiently pleaded in the election petition; particulars furnished by amendment application need not be treated as material facts for first time. However, since copy of amendment application was not served to returned candidate, High Court's order allowing the application without proper procedure violated principles of natural justice. The whole order is to be set aside and matter remitted for decision afresh after due process.

Court Disposition

Appeal allowed. High Court order set aside. Matter remitted to High Court for fresh decision.

Orders

  • Order of Bombay High Court dated 15.2.2003 set aside.
  • Matter remitted to High Court for fresh decision after affording opportunity to all parties.