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january 1992

Supreme Court of India · 1992-01-14

MONOHAR JOSHI vs BHAURAO RAGOJI PATIL THR. LRS.

Citation / case number
SC 1992/66008
Court
Supreme Court of India
Petitioner
MONOHAR JOSHI
Respondent
BHAURAO RAGOJI PATIL THR. LRS.
Author
N.D. OJHA
Bench
N.D. OJHA

Judgment text excerpt

The Supreme Court held that under Section 117 of the Representation of the People Act, 1951, a simultaneous deposit of security for costs is not required at the time of filing applications for substitution after the death of an election petitioner. The Court clarified that the right to apply for substitution arises when the applicant meets specific conditions, and the requirement for security only applies once the substitution is granted. The appeal against the High Court's order allowing substitution without prior deposit was dismissed, affirming the High Court's interpretation of the statutory provisions.

MONOHAR JOSHI vs BHAURAO RAGOJI PATIL THR. LRS. · Niyam