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august 2014

Supreme Court of India · 2014-08-29

Ashraf Kokkur vs K.V.Abdul Khader Etc

Citation / case number
AIR 2015 SC (CIV) 345
Court
Supreme Court of India
Petitioner
Ashraf Kokkur
Respondent
K.V.Abdul Khader Etc
Bench
Kurian Joseph, Madan B. Lokur

Judgment text excerpt

The Supreme Court examined whether the election petition disclosed a cause of action under Order VII Rule 11(a) of the Code of Civil Procedure, 1908, in light of Article 191(1)(a) of the Constitution of India concerning disqualification due to holding an office of profit. The Court found that the petition did not adequately plead that the respondent held an office of profit under the State Government, leading to the dismissal of the election petition. The Court upheld the High Court's decision, affirming that the election petition lacked a complete cause of action.

Ashraf Kokkur vs K.V.Abdul Khader Etc · Niyam