Supreme Court of India · 1954-04-25
DINABANDHU SAHU vs JADUMONI MANGARAJ AND OTHERS.
- Citation / case number
- SC 1954/90370
- Court
- Supreme Court of India
- Petitioner
- DINABANDHU SAHU
- Respondent
- JADUMONI MANGARAJ AND OTHERS.
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that under Article 136 of the Constitution, it does not act as a court of further appeal on facts and will not interfere with findings of Election Tribunals unless they are perverse or lack evidence. The Court clarified that rights in election proceedings arise from statutes, and the Election Commission's decision on condonation of delay under Section 85 of the Representation of the People Act, 1951 is final and does not require notice to the respondent. Furthermore, Section 90(4) grants Election Tribunals discretion to dismiss petitions that do not comply with statutory requirements, overriding the Election Commission's powers under Section 86, but does not allow for review of the Commission's orders under Section 85.