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august 1978

Supreme Court of India · 1978-08-31

SHIV CHAND vs UJAGAR SINGH & ANR.

Citation / case number
SC 1979/62914
Court
Supreme Court of India
Petitioner
SHIV CHAND
Respondent
UJAGAR SINGH & ANR.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that under Section 82(b) of the Representation of the People Act, 1951, every candidate against whom corrupt practices are alleged must be joined as a respondent in an election petition. The Court emphasized that the presence of such candidates is essential for natural justice and the integrity of the electoral process. The dismissal of the election petition for non-joinder of a necessary party was overturned, allowing the appeal and reinforcing the necessity of compliance with Section 86(4) regarding the joinder of candidates.

SHIV CHAND vs UJAGAR SINGH & ANR. · Niyam