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april 2012

Supreme Court of India · 2012-04-27

P.A.Mohammed Riyas vs M.K.Raghavan & Ors

Citation / case number
AIR 2012 SUPREME COURT 2784
Court
Supreme Court of India
Petitioner
P.A.Mohammed Riyas
Respondent
M.K.Raghavan & Ors
Author
Altamas Kabir
Bench
J. Chelameswar, Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the dismissal of the Election Petition filed under Section 81 read with Sections 100, 101, and 123 of the Representation of the People Act, 1951, on the grounds of lack of complete cause of action and failure to establish that the false statements related to the personal character of the candidate as required under Section 123(4). The Court emphasized that the Election Petition must adhere to strict statutory requirements, including the necessity of an affidavit in Form 25 as mandated by Section 83(1) and Rule 94A of the Conduct of Election Rules, 1961. The Court affirmed the High Court's decision, reinforcing the standards for maintaining the integrity of electoral processes.

P.A.Mohammed Riyas vs M.K.Raghavan & Ors · Niyam