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.