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september 1955

Supreme Court of India · 1955-09-06

SUCHETA KRIPALANI vs SHRI S. S. DULAT, I.C.S., CHAIRMAN OF THE ELECTION TRIBUNA

Citation / case number
SC 1955/155
Court
Supreme Court of India
Petitioner
SUCHETA KRIPALANI
Respondent
SHRI S. S. DULAT, I.C.S., CHAIRMAN OF THE ELECTION TRIBUNA
Bench
BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court clarified the jurisdictional roles under the Representation of the People Act, 1951, specifically Section 143 and Rule 114, stating that an Election Tribunal has the sole authority to inquire into allegations of falsity in election expense returns when such allegations are raised. The Court held that the Election Commission's removal of disqualification for a defective return does not prevent the Tribunal from investigating identical allegations in a subsequent return. Thus, the Tribunal retains the power to examine the validity of the second return despite the Commission's prior decision.

SUCHETA KRIPALANI vs SHRI S. S. DULAT, I.C.S., CHAIRMAN OF THE ELECTION TRIBUNA · Niyam