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april 1986

Supreme Court of India · 1986-04-25

AZHAR HUSSAIN vs RAJIV GANDHI

Citation / case number
SC 1985/66987
Court
Supreme Court of India
Petitioner
AZHAR HUSSAIN
Respondent
RAJIV GANDHI
Author
M.P. THAKKAR
Bench
M.P. THAKKAR

Judgment text excerpt

The Supreme Court upheld the dismissal of an election petition challenging the election of a respondent who secured the highest votes in the 1984 general elections, ruling that the petition lacked material facts and did not disclose a cause of action as required under Section 83 of the Representation of the People Act, 1951. The Court emphasized that while the results of elections are subject to judicial scrutiny to ensure the true will of the people is reflected, the courts must exercise caution in setting aside elections unless corrupt practices are clearly established. The appeal was dismissed, affirming the High Court's decision.

AZHAR HUSSAIN vs RAJIV GANDHI · Niyam