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august 2001

Supreme Court of India · 2001-08-28

T. PHUNZATHANG vs HANGKHANLIAN .

Citation / case number
SC 2000/12877
Court
Supreme Court of India
Petitioner
T. PHUNZATHANG
Respondent
HANGKHANLIAN .
Author
SANTOSH HEGDE
Bench
N. SANTOSH HEGDE CJI

Judgment text excerpt

The Supreme Court addressed the dismissal of an election petition under Section 86(1) of the Representation of People Act, 1951, due to non-compliance with Sections 81(3) and 83(1). The Court held that the High Court erred in relying solely on previous judgments in Dr. Shipra and Harcharan Singh Josh, which were distinguished by a later Constitution Bench ruling in T M Jacob v. C. Poulose. The Court concluded that the omission in the affidavit copies did not warrant dismissal of the entire petition, as the defect was rectified and did not mislead the respondent.

T. PHUNZATHANG vs HANGKHANLIAN . · Niyam