BHIKAJI KESHAO JOSHI AND ANOTHER vs BRIJLAL NANDLAL BIYANI AND OTHERS.

The Supreme Court ruled that once the Election Commission condones the delay in filing an election petition under the proviso to Section 85 of the Representation of the People Act, 1951, the Election Tribunal cannot reconsider the limitation issue as per Section 90(4). The Court held that non-joinder of necessary parties does not warrant dismissal of the petition at the outset but should be considered at a later stage. Additionally, the absence of a date in the verification of the petition does not justify dismissal; the petitioner should be allowed to rectify such defects.