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october 2001

Supreme Court of India · 2001-10-10

B.S. Yadiyurappa vs Mahalingappa And Ors

Court
Supreme Court of India
Petitioner
B.S. Yadiyurappa
Respondent
Mahalingappa And Ors
Bench
S.P. Bharucha, Brijesh Kumar

Judgment text excerpt

The Supreme Court held that the dismissal of an election petition under Section 86(1) of the Representation of the People Act, 1951, for impleading parties not specified in Section 82 is incorrect if all necessary parties are included. The Court clarified that the presence of non-necessary parties does not constitute a breach of Section 82, allowing the court to strike out unnecessary parties instead of dismissing the petition. The judgment distinguished prior rulings but ultimately reaffirmed the legal principle that non-compliance with Section 82 does not arise if all necessary parties are present.

B.S. Yadiyurappa vs Mahalingappa And Ors · Niyam