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march 1981

Supreme Court of India · 1981-03-10

AELTEMESH REIN vs CHANDULAL CHANDRAKAR & OTHERS

Citation / case number
SC 1980/63303
Court
Supreme Court of India
Petitioner
AELTEMESH REIN
Respondent
CHANDULAL CHANDRAKAR & OTHERS
Author
Y.V. (() CHANDRACHUD
Bench
Y.V. ((CJ) CHANDRACHUD

Judgment text excerpt

The Supreme Court upheld the dismissal of an election petition under Section 117 of the Representation of the People Act, 1951, for non-compliance with the security deposit requirement. The Court ruled that the provisions of Sections 86 and 117 are not ultra vires Article 329(b) of the Constitution, affirming that the legislature has the authority to set procedural requirements for election petitions. The Court reiterated that failure to comply with Section 117 necessitates dismissal of the petition, as established in Charan Lal Sahu v. Nand Kishore Bhatt.

AELTEMESH REIN vs CHANDULAL CHANDRAKAR & OTHERS · Niyam