Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951: Section 82 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Election Law: Representation of the People Act, 1951: Section 82-Parties to the Election Petition-Held: the returned candidate and the candidate against whom allegations of corrupt practice have been made are only to be joined as party respondents- However, if any other candidates is sought to be declared as duly elected then all the contesting candidates are required to be made party respondents-Hence, an election petition which does not make the persons enumerated in S.82 as party respondents is liable to be dismissed.The appellant had filed an election petition before the High Court challenging the validity of the election of respondent No. 1 to the House of People. In the election petition the Election Commissioner, the Returning Officer and Chief Electoral Officer of the State were arrayed as respondents. These respondents filed an application before the High Court for their deletion, inter alia, on the ground that under Section 82 of the Representation of the People Act, 1951 it has been clearly indicated that who should be the parties to an election petition and since they have been unnecessarily impleaded, they should be deleted. The High Court allowed the application. Hence this appeal. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2001 INSC 88 |
Petitioner | Michael B. Fernandes |
Respondent | C.k. Jaffer Sharief And Ors. |
SCR | [2002] 1 S.C.R. 1053 |
Judgement Date | 2001-02-14 |
Case Number | 1310 |
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