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may 1987

Supreme Court of India · 1987-05-11

DHARTIPAKAR MADAN LAL AGARWAL vs RAJIV GANDHI

Citation / case number
SC 1982/63895
Court
Supreme Court of India
Petitioner
DHARTIPAKAR MADAN LAL AGARWAL
Respondent
RAJIV GANDHI
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court addressed the jurisdiction of the High Court under Order VI Rule 16 and Order VII Rule 11 of the Code of Civil Procedure in the context of an election petition challenging the respondent's election under Section 80 of the Representation of the People Act, 1951. The Court held that the High Court could strike out pleadings and reject the petition at a preliminary stage, even before the respondent filed a written statement, if the allegations were vague or did not disclose a cause of action as per Section 100. However, the Court emphasized the necessity of investigating charges of corrupt practices under Sections 98 and 99 of the Act, despite the petition becoming infructuous due to subsequent elections.

DHARTIPAKAR MADAN LAL AGARWAL vs RAJIV GANDHI · Niyam