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august 2001

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.

Sri T. Phungzathang vs Sri Hangkhanlian & Ors · Niyam