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april 2001

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.

G. MALLIKARJUNAPPA vs SHAMANUR SHIVASHANKARAPPA · Niyam