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september 1964

Supreme Court of India · 1964-09-29

AMIN LAL vs HUNNA MAL

Citation / case number
SC 1964/90245
Court
Supreme Court of India
Petitioner
AMIN LAL
Respondent
HUNNA MAL
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that Section 90(3) of the Representation of the People Act, 1951, grants the Tribunal independent power to dismiss an election petition for non-compliance with Sections 81 and 82, even if the Election Commission has not dismissed it under Section 85. The Court ruled that an amended election petition is the only petition before the Tribunal, allowing it to exercise powers under Section 90(3) regarding such amendments. The Tribunal was competent to permit amendments, but the appellant's application for joinder of parties was beyond the limitation period, thus not granted.

AMIN LAL vs HUNNA MAL · Niyam