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january 2017

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.

Kuldeep Singh Pathania vs Bikram Singh Jaryal · Niyam