M.Y. GHORPADE versus SHLVAJI RAO M. POAL AND ORS.

M.Y. GHORPADE versus SHLVAJI RAO M. POAL AND ORS.

Deposit of security for costs is mandatory for maintainability of an Election Petition, but who actually deposits the sum (so long as it is the petitioner) and the mode is not mandatory. Evidence showed the Election Petitioner himself deposited the sum, so there was compliance with Section 117 and the Election...

Source-derived case information.

Parties
Appellant: M.Y. Ghorpade; Respondent: Shivaji Rao M. Poal; Respondent: Heroji Lad; Appellant: N.N. Rao; Appellant: N. Reddy; Appellant: H.D. Amaranathan
Jurisdiction
India
Judgment Date
04 September 2002
Procedural Posture
Civil Appeal / Appeal From Order Passed in Interlocutory Application by Karnataka High Court
Outcome
Appeal dismissed
Legal Topics
Security for Costs, Maintainability of Election Petition
Election Law Security for Costs Maintainability of Election Petition

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Parties

M.Y. Ghorpade

Appellant

Shivaji Rao M. Poal

Respondent

Heroji Lad

Respondent

N.N. Rao

Appellant

N. Reddy

Appellant

H.D. Amaranathan

Appellant

Procedural Posture

Civil Appeal / Appeal From Order Passed in Interlocutory Application by Karnataka High Court

Legal Issues

  1. 1 Whether deposit of amount by a person other than the Election Petitioner as security for costs can be treated as compliance of Section 117 of the Representation of People Act, 1951

Ratio Decidendi

Deposit of security for costs is mandatory for maintainability of an Election Petition, but who actually deposits the sum (so long as it is the petitioner) and the mode is not mandatory. Evidence showed the Election Petitioner himself deposited the sum, so there was compliance with Section 117 and the Election Petition was maintainable.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs