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september 1955

Supreme Court of India · 1955-09-15

TIRATH SINGH vs BACHITTAR SINGH AND OTHERS.

Citation / case number
SC 1955/154
Court
Supreme Court of India
Petitioner
TIRATH SINGH
Respondent
BACHITTAR SINGH AND OTHERS.
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Section 83 of the Representation of the People Act, if a respondent in an election petition does not request particulars regarding vague allegations, they cannot later claim dismissal for non-compliance. The Court clarified that Section 99(1)(a) does not obligate the Tribunal to issue notices to parties already involved in the petition for disqualification recommendations. The judgment overruled Kesho Ram v. Hazura Singh, establishing that the Tribunal's jurisdiction under Section 99(1)(a) is advisory, and aggrieved parties can approach the Election Commission under Section 144.

TIRATH SINGH vs BACHITTAR SINGH AND OTHERS. · Niyam