Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election-Representation of the People Act 1951-Section 83 read with section 123 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Representation of The People Act, 1951 (43 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election - Representation of the People Act, 1951 - Section 83 read with section 123 - Distinction of Material facts and material particulars - Material facts are primary facts disclosing some cause of action - These facts have to be specifically pleaded and failure to do so will result in rejection of the election petition - But defect in material particulars can be cured at a later stage by amendment and petition cannot be dismissed in limine on the ground of such defect - Appellant filed an election petition - High Court failed to draw distinction between material facts and material particulars and dismissed the petition for lack of material particulars regarding corrupt practices - Held, High Court not justified in rejecting the petition - Code of Civil Procedure, Order 7 Rule 11. Sections 83 and 94 - Election petition alleging illegalities in counting of ballot papers - Dismissed in limine on grounds of vagueness - Held, not justified without affording opportunity to the petitioner to substantiate the allegations. Words and Phrases: ''Reasonable cause of action'' - Meaning of.''Election'' - Meaning of in the context of Representation of the People Act, 1951. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 1999 INSC 123 |
Petitioner | V.s. Achuthanandhan |
Respondent | P.j. Francis And Anr. |
SCR | [1999] 2 S.C.R. 99 |
Judgement Date | 1999-03-22 |
Case Number | 1808 |
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