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march 1983

Supreme Court of India · 1983-03-31

M. KARUNANIDHI ETC. vs H.V. HANDE & ORS. ETC.

Citation / case number
SC 1981/63680
Court
Supreme Court of India
Petitioner
M. KARUNANIDHI ETC.
Respondent
H.V. HANDE & ORS. ETC.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court examined the provisions of the Representation of the People Act, 1951, specifically Section 117(1) regarding the mandatory nature of security deposits for election petitions. The Court held that while the deposit of security is mandatory, the mode of deposit is directory, allowing for substantial compliance. The Court also clarified that failure to include an annexure with the election petition does not automatically invalidate it if the essential elements are present, thus upholding the High Court's decision to dismiss the appellant's objections.

M. KARUNANIDHI ETC. vs H.V. HANDE & ORS. ETC. · Niyam