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july 2003

Supreme Court of India · 2003-07-31

Dipak Chandra Ruhidas vs Chandan Kumar Sarkar

Citation / case number
AIR 2003 SUPREME COURT 3701
Court
Supreme Court of India
Petitioner
Dipak Chandra Ruhidas
Respondent
Chandan Kumar Sarkar
Author
S.B. Sinha
Bench
S.B. Sinha

Judgment text excerpt

The Supreme Court interpreted Section 116A of the Representation of the People Act, holding that a special leave petition under Article 136 is not maintainable when a regular appeal could have been filed under Section 116A. The Court emphasized that the provisions of Section 116A apply only after a trial has concluded, as outlined in Section 98. The appeal was dismissed due to the lack of a timely application for condonation of delay, affirming the High Court's dismissal of the election petition for vagueness and lack of material particulars.

Dipak Chandra Ruhidas vs Chandan Kumar Sarkar · Niyam