Supreme Court of India · 2001-04-04
G. MALLIKARJUNAPPA vs SHAMANUR SHIVASHANKARAPPA
- Citation / case number
- SC 1999/4799
- Court
- Supreme Court of India
- Petitioner
- G. MALLIKARJUNAPPA
- Respondent
- SHAMANUR SHIVASHANKARAPPA
- Bench
- CJI, R.C. LAHOTI & DORAISWAMY RAJU
Judgment text excerpt
The Supreme Court addressed the dismissal of Election Petitions Nos. 4 and 5 of 1998 under Section 86 of the Representation of the People Act, which was based on non-compliance with Section 83(2) regarding affidavit format and alleged identity discrepancies of the election agent. The Court held that the dismissal in limine was improper, emphasizing that procedural defects should not lead to outright dismissal without a trial. The Court overturned the High Court's decision, allowing the Election Petitions to proceed.