Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Representation of the People Act, 1951: Sections 112 and 117- Election Petition-Application for substitution-Presentation of-Deposit of security amount/or cost-When to be made-Order of substitution-Court to specify amount of deposit or give reasons if deposit is not required. One 'B' filed an Election Petition challenging the appellant's election as M.L.A. On the death of 'B' the"Election Petition abated, and the same was published in accordance with Section 112 (2) of the Representation of the People Act, 1951. Upon the said publication, four applications including those of the Respondents were rated before the High Court for substitution in place of the deceased petitioner. The High Court allowed the two applications by the Respondents and dismissed the other two applications. Tb appellant-M.L.A. has preferred the present appeal by special leave, against the High Court's order substituting the Respondents in the Election Petition. On behalf of the appellant, it was contended that the High Court was wrong in holding that the question of providing security deposit for costs would arise only after an order for substitution is made; and that the respondent could have been directed to be substituted only after they had actually deposited the amount or security. On behalf or the respondents, it was contended that when four applications bad been made for substitution an order had first to be passed indicating the names of the applicants who were to be substituted and only thereafter the security amount could be deposited. |
Judge | Hon'ble Mr. Justice D.N. Ojha |
Neutral Citation | 1992 INSC 4 |
Petitioner | Manohar Joshi |
Respondent | Bhaurao Ragoji Patil Through Legal Representatives |
SCR | [1992] 1 S.C.R. 31 |
Judgement Date | 1992-01-14 |
Case Number | 112 |
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