Supreme Court of India · 1963-05-07
MURARKA RADHEY SHYAM RAM KUMAR vs ROOP SINGH RATHORE & OTHERS(and connected appeal)
- Citation / case number
- SC 1963/149
- Court
- Supreme Court of India
- Petitioner
- MURARKA RADHEY SHYAM RAM KUMAR
- Respondent
- ROOP SINGH RATHORE & OTHERS(and connected appeal)
- Bench
- SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court addressed the maintainability of election petitions under the Representation of the People Act, 1951, specifically Sections 81, 82, 83, and 90. The Court held that the inclusion of a non-contesting candidate as a respondent does not invalidate the petition if all necessary parties are joined, and clarified that a 'copy' under Section 81(3) need not be an exact replica but must not mislead. Furthermore, defects in verification and affidavits do not automatically render the petition non-maintainable, affirming the lower court's decision.