Supreme Court of India · 2001-04-04
G. Mallikarjunappa And Another vs Shamanur Shivashankarappa & Others
- Citation / case number
- AIR 2001 SUPREME COURT 1829
- Court
- Supreme Court of India
- Petitioner
- G. Mallikarjunappa And Another
- Respondent
- Shamanur Shivashankarappa & Others
- Bench
- Chief Justice, R.C. Lahoti, Doraiswamy Raju
Judgment text excerpt
The Supreme Court addressed the dismissal of Election Petition Nos. 4 and 5 of 1998 by the Karnataka High Court, which was based on alleged non-compliance with Section 83(2) of the Representation of the People Act, 1951. The Court held that the dismissal in limine was erroneous, emphasizing that procedural defects should not lead to outright dismissal without a trial. The Court ultimately set aside the High Court's order, allowing the election petitions to proceed, thereby reinforcing the principle that technicalities should not obstruct the pursuit of justice in electoral matters.