MANOHAR JOSHI ETC. versus DAMODAR TATYABA @ DADASAHEB RUPWATE AND ORS.

MANOHAR JOSHI ETC. versus DAMODAR TATYABA @ DADASAHEB RUPWATE AND ORS.

Notice under Section 99 to persons not party to the election petition must specify the precise corrupt practice alleged against each person, along with particulars and evidence relied upon, to allow fair opportunity to meet the charge; vague omnibus notices as issued by the High Court are contrary to legal requirements and liable to be set aside.

Parties
Appellant: Manohar Joshi; Appellant: Chhagan Bhujbal; Respondent: Damodar Tatyaba Rupwate; Person Named in Impugned Order: Bal Thackeray
Jurisdiction
India
Judgment Date
11 March 1991
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Order (notice Issuance in Election Petition)
Outcome
Appeals allowed
Legal Topics
Corrupt Practices in Elections, Notice Requirements Under Representation of the People Act, Section 99 Proceedings
Election Law Corrupt Practices in Elections Notice Requirements Under Representation of the People Act Section 99 Proceedings

Case Brief

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Parties

Manohar Joshi

Appellant

Chhagan Bhujbal

Appellant

Damodar Tatyaba Rupwate

Respondent

Bal Thackeray

Person Named in Impugned Order

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Order (notice Issuance in Election Petition)

Legal Issues

  1. 1 Whether issuance of vague notices under Section 99 of the Representation of the People Act to persons not party to the petition, calling upon them to answer allegations of corrupt practices, complies with legal requirements
  2. 2 Whether such persons are entitled to precise charges and evidence in the notice

Ratio Decidendi

Notice under Section 99 to persons not party to the election petition must specify the precise corrupt practice alleged against each person, along with particulars and evidence relied upon, to allow fair opportunity to meet the charge; vague omnibus notices as issued by the High Court are contrary to legal requirements and liable to be set aside.

Court Disposition

Appeals allowed

Orders

  • High Court to issue proper, specific notices to the appellants in accordance with law and proceed to hear and dispose of the notices.
  • No order as to costs.