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october 2004

Supreme Court of India · 2004-10-27

SARDAR HARCHARAN SINGH BRAR vs SUKH DARSHAN SINGH .

Citation / case number
SC 2003/17306
Court
Supreme Court of India
Petitioner
SARDAR HARCHARAN SINGH BRAR
Respondent
SUKH DARSHAN SINGH .
Author
R.C. Lahoti
Bench
C.K. THAKKER CJI

Judgment text excerpt

The Supreme Court addressed the dismissal of an election petition under Sections 80, 80A, and 81 of the Representation of the People Act, 1951, which was dismissed by the High Court on grounds of lack of material facts and invalid affidavit. The Court held that the High Court erred in dismissing the petition at the threshold without trial, as the objections raised did not fall under Section 86(1) of the Act. The Court emphasized that an election petition must be heard on merits if it raises triable issues, thereby reversing the High Court's decision.

SARDAR HARCHARAN SINGH BRAR vs SUKH DARSHAN SINGH . · Niyam