U.S. SASIDHARAN versus K. KARUNAKARAN & ANR

U.S. SASIDHARAN versus K. KARUNAKARAN & ANR

Non-furnishing of the video cassette, which formed an integral part of the election petition, to the respondent amounted to non-compliance with Section 81(3) of the Representation of the People Act, 1951, and mandated dismissal of the petition under Section 86(1).

Parties
Appellant: U.S. Sasidharan; Respondent: K. Karunakaran; Respondent: K. Karunakaran (Respondent No. 2)
Jurisdiction
India
Judgment Date
23 August 1989
Procedural Posture
Civil Appeal (election) / Appeal From High Court Dismissal of Election Petition
Outcome
Appeal dismissed
Legal Topics
Election Petition, Corrupt Practices, Procedural Compliance Under Representation of the People Act
Election Law Election Petition Corrupt Practices Procedural Compliance Under Representation of the People Act

Case Brief

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Parties

U.S. Sasidharan

Appellant

K. Karunakaran

Respondent

K. Karunakaran (Respondent No. 2)

Respondent

Procedural Posture

Civil Appeal (election) / Appeal From High Court Dismissal of Election Petition

Legal Issues

  1. 1 Whether non-furnishing of documents (video cassette) forming integral part of election petition amounts to non-compliance under Section 81(3) of the Representation of the People Act, 1951 and mandates dismissal under Section 86(1)

Ratio Decidendi

Non-furnishing of the video cassette, which formed an integral part of the election petition, to the respondent amounted to non-compliance with Section 81(3) of the Representation of the People Act, 1951, and mandated dismissal of the petition under Section 86(1).

Court Disposition

Appeal dismissed

Orders

  • Judgment of High Court dismissing the election petition affirmed
  • No order as to costs