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september 1979

Supreme Court of India · 1979-09-04

ASHOK KUMAR MISHRA & ANR. vs COLLECTOR, RAIPUR & ORS.

Citation / case number
SC 1979/62626
Court
Supreme Court of India
Petitioner
ASHOK KUMAR MISHRA & ANR.
Respondent
COLLECTOR, RAIPUR & ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the High Court's power under Article 226 is discretionary, particularly in election matters, and can be denied if there is inordinate delay in filing the petition. The Court found that the appellants failed to act promptly regarding the alleged illegality of the notice under Rule 4(1) of the Madhya Pradesh Municipal Corporation Rules, which provided 20 days for objections instead of the 30 days mandated by the rule. Consequently, the Court dismissed the appeals, affirming the High Court's decision that the election process was not vitiated due to the delay in seeking relief.

ASHOK KUMAR MISHRA & ANR. vs COLLECTOR, RAIPUR & ORS. · Niyam