INAMATI MALLAPPA BASAPPA vs DESAI BASAVARAJ AYYAPPA & OTHERS

The Supreme Court held that once an election petition is filed, the right of recrimination under Section 97 of the Representation of the People Act, 1951 accrues to the opposing candidate, and the petitioner cannot abandon their claim for the seat under Order 23, Rule 1 of the Code of Civil Procedure. The Court clarified that the provisions of the Representation of the People Act constitute a self-contained code, and thus, the abandonment of the claim does not extinguish the right of recrimination. The appeal was allowed, affirming the Election Tribunal's decision that the right of recrimination remains intact despite the abandonment of the claim for the seat.