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february 2002

Supreme Court of India · 2002-02-14

MICHAEL B. FERNANDES vs C.K. JAFFER SHARIEF .

Citation / case number
SC 2000/11950
Court
Supreme Court of India
Petitioner
MICHAEL B. FERNANDES
Respondent
C.K. JAFFER SHARIEF .
Bench
G.B. PATTANAIK, S.N. PHUKAN & S.N. VARIAVA

Judgment text excerpt

The Supreme Court upheld the High Court's decision to delete the Election Commissioner and the Chief Electoral Officer from the election petition, citing Section 82 of the Representation of the People Act, which specifies the necessary parties to such petitions. The Court emphasized that the Representation of the People Act is a comprehensive code governing election petitions, and the inclusion of these officials was not warranted under the Act. The Court affirmed that the allegations against the election machinery did not necessitate their presence as parties, thus maintaining the High Court's ruling.

MICHAEL B. FERNANDES vs C.K. JAFFER SHARIEF . · Niyam