Supreme Court of India · 1959-11-20
S. M. BANERJI vs SRI KRISHNA AGARWAL
- Citation / case number
- SC 1959/56
- Court
- Supreme Court of India
- Petitioner
- S. M. BANERJI
- Respondent
- SRI KRISHNA AGARWAL
- Author
- SINHA, BHUVNESHWAR P.(),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the amendment sought by the respondent to introduce a new ground of non-compliance with Section 33(3) of the Representation of the People Act, 1951, after the period of limitation, could not be allowed. The Court found that the original ground of improper acceptance of nomination under Section 100(1)(d)(1) was not substantiated, as the nomination paper did not disclose any disqualification. The High Court's interference with the Election Tribunal's discretion was deemed unwarranted, leading to the dismissal of the appeal.