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august 1964

Supreme Court of India · 1964-08-24

KUMARANAND vs BRIJ MOHAN LAL

Citation / case number
SC 1964/90250
Court
Supreme Court of India
Petitioner
KUMARANAND
Respondent
BRIJ MOHAN LAL
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the failure to comply with the requirements of Section 119-A of the Representation of the People Act, 1951 does not automatically result in the dismissal of an election appeal, as the Act does not impose an express penalty for non-compliance. The Court found that the High Court erred in dismissing the appeal solely on this basis, as it could have permitted rectification of the mistake or declined to proceed with the appeal. The Court emphasized the importance of considering the conduct of the Registrar's office in accepting the deposit, which contributed to the irregularity in the appeal process.

KUMARANAND vs BRIJ MOHAN LAL · Niyam