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february 2024

Supreme Court of India · 2024-02-12

K. BABU vs M. SWARAJ

Citation / case number
SC 2023/26007
Court
Supreme Court of India
Petitioner
K. BABU
Respondent
M. SWARAJ
Author
SANJAY KUMAR
Bench
HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE ANIRUDDHA BOSE

Judgment text excerpt

The Supreme Court addressed the appeal regarding the rejection of an election petition under the Representation of the People Act, 1951, specifically Sections 80, 81, 83, 86, and 123. The Court upheld the High Court's decision that sufficient cause of action existed for the trial of the election petition, rejecting the appellant's claims of non-compliance with procedural requirements. The Court clarified that the alleged defects did not constitute grounds for dismissal under Section 86, thus allowing the election petition to proceed.

K. BABU vs M. SWARAJ · Niyam