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october 2001

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.

B.S. YADIYURAPPA vs MAHALINGAPPA . · Niyam