Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Or. XII Code of Civil Procedure r.6 r.11 1908 – Or. VII |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India 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 Dismissed |
Headnote | Code of Civil Procedure, 1908 – Or. VII, r.11, Or. XII, r.6 – Representation of People Act, 1951 – ss. 8, 33A, 33B, 81, 84, 100 – Appellant was a successful candidate in the election – The respondent preferred an election petition against appellant u/ss. 81 & 84 r/w ss. 100(1)(d)(i)(ii) (iii) & (iv) of 1951 Act alleging, inter-alia, furnishing of false information, non-disclosure of cases pending and those in which appellant was convicted – Appellant filed application u/Or. VII, r.11 of CPC for its rejection – It was contended that mandatory requirements u/ss. 81 and 81(3) were not followed and criminal cases did not fall within ss. 8 & 33A of the Act – High Court was of the opinion that taking in the overall conspectus of facts available on record did not lead to a compelling reason for rejecting petition – Accordingly, application was dismissed – On appeal, held: The alleged non-compliance with statutory and Election Commission mandated regulations, and their legal effect, cannot be examined in what are essentially summary proceedings u/Or. VII, r.11 of CPC, or even Or. XII, r.6 of CPC – Even if the allegations regarding non-disclosure of cases where the appellant has been arrayed as an accused, are ultimately true, the effect of such allegations has to be considered after a full trial – The admission of certain facts by the election petitioner cannot be sufficient for the court to reject the petition, wholly – Judgment of High Court cannot be faulted. Constitution of India – Right to vote – The right to vote, based on an informed choice, is a crucial component of the essence of democracy – The citizen has an inalienable right to exercise her or his right to franchise – This finds articulation in Art. 326 of the Constitution. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 641 |
Petitioner | Bhim Rao Baswanth Rao Patil |
Respondent | K. Madan Mohan Rao And Ors. |
SCR | [2023] 9 S.C.R. 1218 |
Judgement Date | 2023-07-24 |
Case Number | 4632 |
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