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Supreme Court of India · 2018-03-08

ABDULRASAKH vs K.P. MOHAMMED

Citation / case number
SC 2017/21651
Court
Supreme Court of India
Petitioner
ABDULRASAKH
Respondent
K.P. MOHAMMED
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE J. CHELAMESWAR

Judgment text excerpt

The Supreme Court upheld the dismissal of an election petition challenging the election of the appellant under Section 123(4) of the Representation of People Act, 1951, on the grounds that the petition was time-barred as it was filed beyond the 45-day limitation period specified in Section 81. The Court clarified that the High Court's Registry had no authority to return the petition for curing defects and that the election petition was not compliant with the provisions of Section 86 of the Act. Consequently, the Court affirmed the High Court's decision, maintaining the validity of the appellant's election.

ABDULRASAKH vs K.P. MOHAMMED · Niyam