Supreme Court of India · 2017-01-24
Kuldeep Singh Pathania vs Bikram Singh Jaryal
- Citation / case number
- AIR 2017 SUPREME COURT 593
- Court
- Supreme Court of India
- Petitioner
- Kuldeep Singh Pathania
- Respondent
- Bikram Singh Jaryal
- Bench
- A.M. Khanwilkar, Kurian Joseph
Judgment text excerpt
The Supreme Court held that under Section 86(1) of The Representation of the People Act, 1951, an election petition must comply with the provisions of Sections 81, 82, and 117, and failure to do so results in dismissal. The Court found that the High Court erred in dismissing the election petition for lack of material facts as required under Section 83(1)(a), emphasizing that the preliminary issues should not have considered the respondents' replies. The Court reversed the High Court's decision, allowing the election petition to proceed.