THAMMANNA versus K. VEERA REDDY & ORS.
A respondent in an election petition who did not participate in the proceedings, file a written statement, or join the controversy, and was only impleaded as a proforma party, is not a 'person aggrieved' by the High Court's dismissal of the petition and, therefore, has no locus standi to appeal under Section 116C of the Representation of the People Act, 1951.
- Parties
- Appellant: Thammanna; Respondent 1: K. Veera Reddy
- Jurisdiction
- India
- Judgment Date
- 23 July 1980
- Procedural Posture
- Civil Appeal / Supreme Court Appeal Against High Court Judgment
- Outcome
- Appeal dismissed.
- Legal Topics
- Locus Standi, Person Aggrieved, Appeal in Election Petition
Case Brief
Summary, issues, holding and outcome
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Parties
Thammanna
Appellant
K. Veera Reddy
Respondent 1
Procedural Posture
Civil Appeal / Supreme Court Appeal Against High Court Judgment
Legal Issues
- 1 Whether a non-participating proforma respondent in an election petition is a 'person aggrieved' entitled to appeal against the High Court's order dismissing the petition.
- 2 Whether the principle that an election petition is a representative action extends to appeals under the Representation of the People Act, 1951.
Ratio Decidendi
A respondent in an election petition who did not participate in the proceedings, file a written statement, or join the controversy, and was only impleaded as a proforma party, is not a 'person aggrieved' by the High Court's dismissal of the petition and, therefore, has no locus standi to appeal under Section 116C of the Representation of the People Act, 1951.
Court Disposition
Appeal dismissed.
Orders
- Preliminary objection allowed; appeal dismissed with costs.
Full Case Text
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