NDLI: Abdulrasakh Vs. K. P. Mohammed & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1951 – ss.81(1) 86 and 123(4) The Representation of People Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Representation of The People Act, 1951 (43 of 1951)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	(4) – Election petition filed against appellant by respondent nos.1& 2 on ground of corrupt practices – Petition returned from theRegistry and thereafter re-presented – Appellant filed applicationfor summary dismissal of the election petition inter alia on groundsthat the election petition was time barred as the limitation prescribedto file the same had expired by the time it was re-presented and alsothat the Registry had no power to return the election petition ondefects being pointed out or to permit curing of any defects –Application dismissed by High Court – On appeal, held: KeralaHigh Court Rules (r. 210) provides for scrutiny by the Judge andnot by the Registry – There was no violation of this Rule – Onre-presentation, the petition was stated to be defective and theRegistry was fully conscious that the defects pointed out by it couldnot be permitted to be cured by Registry itself and that is why thematter was placed before the concerned Judge as an unnumberedelection petition – On 18.7.2016, the Judge did not find merit insome of the objections pointed by the Registry and to the extentsome minor corrections were required, which were not material, oneweek’s time was granted to respondent Nos.1 & 2 to carry out thecorrections – Needful was done within the stipulated time and itwas thereafter that notices were issued to the appellant – Thus,whole premise of the plea of appellant that Registry permittedcorrections to be made is fallacious – Presentation of the electionpetition cannot be said to be beyond time stipulated in s.81(1) –Kerala High Court Rules – r.210 – Code of Civil Procedure, 1908 –s.151 and Or.VI, r.16 & Or.VII, r.11 – Election Laws.The Representation of People Act, 1951 – s.81(3) – Allegedviolation of – When not – Election petition filed against appellantalleging corrupt practices – Mobile phone produced in sealed cover– Plea of appellant that he was entitled to the chip of the mobilephone apart from the CD of the relevant portion and that thefailure to hand over the same is violative of s.81(3) – Held: Thephone was filed and keeping the phone in a sealed cover or theallegation of non-supply of the chip alleged to be violative of s.81(3)is not a plea which can be accepted – At best these are all mattersfor trial.Election Laws – Law relating to technicalities of electionpetition – Discussed.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2018 INSC 220
Petitioner	Abdulrasakh
Respondent	K. P. Mohammed & Ors.
SCR	[2018] 3 S.C.R. 583
Judgement Date	2018-03-08
Case Number	10863

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