Supreme Court of India · 2001-08-28
Sri T. Phungzathang vs Sri Hangkhanlian & Ors
- Citation / case number
- AIR 2001 SUPREME COURT 3924
- Court
- Supreme Court of India
- Petitioner
- Sri T. Phungzathang
- Respondent
- Sri Hangkhanlian & Ors
- Bench
- Chief Justice, N. Santosh Hegde
Judgment text excerpt
The Supreme Court held that the dismissal of the election petition under Section 86(1) of the Representation of People Act, 1951 was erroneous as it relied solely on the non-compliance of Sections 81(3) and 83(1) without considering the rectification of affidavits provided by the appellant. The Court clarified that substantial compliance is sufficient and that the omission did not mislead the respondent. The judgment emphasized that a technical defect in one ground of the petition should not lead to the dismissal of the entire petition, thereby allowing the appeal and setting aside the High Court's order.