SMT. NEENA VIKRAM VERMA versus BALMUKUND SINGH GAUTAM & ORS.

SMT. NEENA VIKRAM VERMA versus BALMUKUND SINGH GAUTAM & ORS.

A party who by consent permits restoration of a petition cannot subsequently seek to strike off pleadings on grounds that should have been raised contemporaneously; defects in verification of election petitions are curable and not fatal; sufficient material facts on corrupt practices and criminality were placed before the court.

Parties
Appellant: Smt. Neena Vikram Verma; Respondent No. 1: Balmukund Singh Gautam; Respondent: Additional respondents (Ors.)
Jurisdiction
India
Judgment Date
12 April 2013
Procedural Posture
Civil Appeal / Appeal From High Court Order Dismissing Recrimination Petition Under Order 6 Rule 16 CPC
Outcome
Appeal allowed
Legal Topics
Recrimination Petition, Order 6 Rule 16 CPC, Order 7 Rule 11 CPC, Representation of Peoples Act, 1951, Conduct of Elections Rules, 1961
Election Law Civil Procedure Recrimination Petition Order 6 Rule 16 CPC Order 7 Rule 11 CPC Representation of Peoples Act, 1951 Conduct of Elections Rules, 1961

Case Brief

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Parties

Smt. Neena Vikram Verma

Appellant

Balmukund Singh Gautam

Respondent No. 1

Additional respondents (Ors.)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Dismissing Recrimination Petition Under Order 6 Rule 16 CPC

Legal Issues

  1. 1 Whether a party can seek striking off pleadings as unnecessary, vexatious or scandalous in a Recrimination Petition after consent order restoring the Petition.
  2. 2 Whether the High Court erred in allowing Order 6 Rule 16 application after Supreme Court consent order.
  3. 3 Whether the defects in verification of election petitions are fatal to their maintainability.

Ratio Decidendi

A party who by consent permits restoration of a petition cannot subsequently seek to strike off pleadings on grounds that should have been raised contemporaneously; defects in verification of election petitions are curable and not fatal; sufficient material facts on corrupt practices and criminality were placed before the court.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order striking off pleadings from Recrimination Petition under Order 6 Rule 16 CPC set-aside.
  • High Court directed to proceed to decide the Recrimination Petition expeditiously.