Supreme Court of India · 2001-10-10
B.S. YADIYURAPPA vs MAHALINGAPPA .
- Citation / case number
- SC 2001/343
- Court
- Supreme Court of India
- Petitioner
- B.S. YADIYURAPPA
- Respondent
- MAHALINGAPPA .
- Bench
- S.P. BHARUCHA & Y.K. SABHARWAL & 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, due to the impleadment of unnecessary parties is incorrect if all necessary parties under Section 82 are included. The Court clarified that while unnecessary parties can be struck out, their inclusion does not constitute a breach of Section 82, as established in Maraka Radhey Shyam Ram Kumar v. Roop Singh Rathore. The Court reversed the High Court's decision and allowed the election petition to proceed.