Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Petition Recrimination Petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election Petition - Recrimination Petition - Filed by appellant - Application of respondent u/Or. VII, r. 11 CPC for rejection of Recrimination Petition - Allowed by High Court, consequently leading to dismissal of Recrimination Petition - Appellant challenged the order - By consent order passed by Supreme Court, order of High Court set aside, and Recrimination Petition restored to the file of Election Petition - Subsequent application of respondent No. 1 u/Or. VI, r. 16 CPC for striking off certain pleadings from the Recrimination Petition - Allowed by High Court on ground that such pleadings were vague, vexatious, non-specific and without any material facts - Propriety - Held: Not proper - Once it is accepted by a party by consent that a particular petition (in the instant case the Recrimination Petition) is to be heard by the Court, by giving up the objection u/Or. VII, r.11, the very party cannot be subsequently permitted to seek the striking off the pleadings containing the cause of action under the garb that the pleadings containing the cause of action are unnecessary, vexatious or scandalous - No Court is expected to permit any matter to be raised which might and ought to have been made ground of defence or attack, once the same is relinquished by the party concerned - High Court ought to have noted this basic principle of any litigation - It could not have entertained the application u/Or. VI. 6, r. 16 when Supreme Court had restored the Recrimination Petition to the file of High Court by consent in order to decide it expeditiously - High Court to now proceed to decide the Recrimination Petition expeditiously - Code of Civil Procedure, 1908 - Or. VI, r. 16 and Or. VII, r. 11 - Representation of Peoples Act, 1951 - s.97 - Conduct of Elections Rules, 1961 - r.63. Election Petition - Verification - Defect in - Removal - B Held: Defect in the verification in the matter of Election Petition can be removed in accordance with the principles of CPC, and that it is not fatal to the Election Petition. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2013 INSC 251 |
Petitioner | Smt. Neena Vikram Verma |
Respondent | Balmukund Singh Gautam & Ors. |
SCR | [2013] 5 S.C.R. 845 |
Judgement Date | 2013-04-12 |
Case Number | 3840 |
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