SETHI ROOP LAL versus MRS. MALTI THAPAR AND ORS.

SETHI ROOP LAL versus MRS. MALTI THAPAR AND ORS.

Production of the marked copy of electoral roll for purposes of election petition does not violate secrecy of voting, and amendment of election petition not relating to corrupt practice is to be considered under Section 87 and Order VI Rule 17 CPC, not restricted by Section 86(5) of the Representation of the People Act.

Parties
Appellant: SETHI ROOP LAL; Respondent: MRS. MALTI THAPAR; Respondent: Respondent No.2; Respondent: Respondent No.3; Respondent: Respondent No.4
Jurisdiction
India
Judgment Date
15 February 1994
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court Orders Dated 2.11.92 & 28.5.93 in Election Petition No. 5 of 1992
Outcome
Appeals allowed; impugned orders set aside
Legal Topics
Election Petition Amendment, Production of Electoral Documents, Secrecy of Voting
Election Law Civil Procedure Election Petition Amendment Production of Electoral Documents Secrecy of Voting

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Parties

SETHI ROOP LAL

Appellant

MRS. MALTI THAPAR

Respondent

Respondent No.2

Respondent

Respondent No.3

Respondent

Respondent No.4

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court Orders Dated 2.11.92 & 28.5.93 in Election Petition No. 5 of 1992

Legal Issues

  1. 1 Whether production of marked copy of electoral rolls impairs secrecy of voters
  2. 2 Whether amendment of election petition not relating to corrupt practice is permissible

Ratio Decidendi

Production of the marked copy of electoral roll for purposes of election petition does not violate secrecy of voting, and amendment of election petition not relating to corrupt practice is to be considered under Section 87 and Order VI Rule 17 CPC, not restricted by Section 86(5) of the Representation of the People Act.

Court Disposition

Appeals allowed; impugned orders set aside

Orders

  • Direct production of marked copy of electoral rolls as prayed for by appellant
  • Dispose of amendment application on its merits