Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1951 - The Representation of the 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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | The Representation of the People Act, 1951 - ss.81, 83, 86(1) The Representation of the People Act, 1951 - ss.81, 83, 86(1) and 100(J)(d)(iii) - Appellam lost election from State Legislative Assembly :... Filed election petition mainly on grounds, uls. 100(1)(d)(iii) - Petition dismissed by High Court based on the findings on preliminary issues that the election petition lacked in material facts as required under s.83(1) of the Act and as such, did not disclose any cause of action - on appeal, held: High Court e;.,.ed in dealing with the violation alleged by the petitioner with ri!/ere11ce to the replies furnished by the respondent - It ventured into an elaborate enquiry the light of pleadings i11 the replies, to see whether the result of the election was materially affected, apparently or rather mistakenly, u/Or. XIV. r.2, CPC - The issue related to an enquiry u!Or. VII, r. JI (a), CPC, and hence, there was no question of a preliminary issue being tried under u/Or. XIV. r.2(2), CPC -under Or. VII, r.11. the Court has to take a decision looking at the pleadings of the plaintiff only and not on the the rebuttal made by the defendant - Averments in the election petition disclose a cause of action, therefore, petition remitted to High Court to try it 011 meri.ts. Code of Civil Procedure, 1908: Or. VII, r.11 and Or. XIV, r. 2(2) - Difference between trial of preliminary issues u/Or. XIV. r.2(2) and enquiry on preliminary issues u/Or. VII, r. 11 (a) - |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 73 |
Petitioner | Kuldeep Singh Pathania |
Respondent | Bikram Singh Jayal |
SCR | [2017] 1 S.C.R. 915 |
Judgement Date | 2017-01-24 |
Case Number | 4080 |
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