SULTAN AHMD. OWASI versus MOHD. OSMAN SHAHEED AND ORS.

SULTAN AHMD. OWASI versus MOHD. OSMAN SHAHEED AND ORS.

The High Court was incorrect in refusing the appellant’s request to summon witnesses and amend his counter as the appellant had denied the allegations with sufficient clarity in his written statement, and there was no risk of surprise to the election petitioner. The appellant had a right to lead evidence to show an alibi and rebut the allegations of corrupt practices, and none of the statutory reasons for refusal applied in this case.

Parties
Appellant: Sultan Ahmd. Owasi; Respondent: Mohd. Osman Shaheed
Jurisdiction
India
Judgment Date
10 April 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From Orders of the Andhra Pradesh High Court
Outcome
Appeals allowed
Legal Topics
Corrupt Practices in Election Petitions, Amendment of Pleadings, Summoning of Witnesses
Election Law Civil Procedure Corrupt Practices in Election Petitions Amendment of Pleadings Summoning of Witnesses

Case Brief

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Parties

Sultan Ahmd. Owasi

Appellant

Mohd. Osman Shaheed

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Orders of the Andhra Pradesh High Court

Legal Issues

  1. 1 Whether the High Court was right in refusing to summon the witnesses sought by the appellant and in disallowing amendment of his counter in an election petition alleging corrupt practices.

Ratio Decidendi

The High Court was incorrect in refusing the appellant’s request to summon witnesses and amend his counter as the appellant had denied the allegations with sufficient clarity in his written statement, and there was no risk of surprise to the election petitioner. The appellant had a right to lead evidence to show an alibi and rebut the allegations of corrupt practices, and none of the statutory reasons for refusal applied in this case.

Court Disposition

Appeals allowed

Orders

  • Judgment of the High Court set aside
  • High Court directed to allow appellant to examine witnesses Nos. 6, 8, 15, 16 & 17