MICHAEL B. FERNANDES versus C.K. JAFFER SHARIEF AND ORS .

MICHAEL B. FERNANDES versus C.K. JAFFER SHARIEF AND ORS .

On a plain reading of Section 82 of the Representation of the People Act, 1951, only the returned candidate and candidates against whom allegations of corrupt practice have been made are required to be joined as party respondents; others, including Election Commissioner, Returning Officer, and Chief Electoral Officer, cannot be made parties to an election petition; petitions not complying are liable to be dismissed.

Parties
Appellant: Michael B. Fernandes; Respondent: C.K. Jaffer Sharief; Respondent: Election Commissioner; Respondent: Returning Officer; Respondent: Chief Electoral Officer of Karnataka
Jurisdiction
India
Judgment Date
14 February 2001
Procedural Posture
Civil Appeal / Appeal Against Karnataka High Court Order Deleting Respondents From Election Petition
Outcome
appeal dismissed
Legal Topics
Parties to Election Petition, Joinder of Parties, Representation of the People Act, 1951
Election Law Parties to Election Petition Joinder of Parties Representation of the People Act, 1951

Case Brief

Summary, issues, holding and outcome

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Parties

Michael B. Fernandes

Appellant

C.K. Jaffer Sharief

Respondent

Election Commissioner

Respondent

Returning Officer

Respondent

Chief Electoral Officer of Karnataka

Respondent

Procedural Posture

Civil Appeal / Appeal Against Karnataka High Court Order Deleting Respondents From Election Petition

Legal Issues

  1. 1 Who can be arrayed as parties to an election petition under Section 82 of the Representation of the People Act, 1951?
  2. 2 Whether Election Commissioner, Returning Officer, or Chief Electoral Officer can be added as respondents in an election petition?

Ratio Decidendi

On a plain reading of Section 82 of the Representation of the People Act, 1951, only the returned candidate and candidates against whom allegations of corrupt practice have been made are required to be joined as party respondents; others, including Election Commissioner, Returning Officer, and Chief Electoral Officer, cannot be made parties to an election petition; petitions not complying are liable to be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; impugned judgment affirmed; deletion of Election Commissioner, Returning Officer, and Chief Electoral Officer as respondents in election petition upheld.