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september 1966

Supreme Court of India · 1966-09-14

HAR SWARUP & ANOTHER vs BRIJ BHUSHAN SARAN & OTHERS

Citation / case number
SC 1965/262
Court
Supreme Court of India
Petitioner
HAR SWARUP & ANOTHER
Respondent
BRIJ BHUSHAN SARAN & OTHERS
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that under Section 82(b) of the Representation of the People Act, 1951, a candidate who withdraws his candidature but commits a corrupt practice remains a necessary party to an election petition. The Court clarified that the allegation of corrupt practice was primarily against R, despite his withdrawal, as it was committed on behalf of B. The appeal was dismissed, affirming that R's status as a candidate persisted for the purposes of Section 82(b) even after withdrawal, thus necessitating his inclusion in the petition.

HAR SWARUP & ANOTHER vs BRIJ BHUSHAN SARAN & OTHERS · Niyam