Supreme Court of India · 2024-05-08
Sheikh Noorul Hassan vs Nahakpam Indrajit Singh
- Citation / case number
- 2024 INSC 391
- Court
- Supreme Court of India
- Petitioner
- Sheikh Noorul Hassan
- Respondent
- Nahakpam Indrajit Singh
- Author
- D.Y. Chandrachud
- Bench
- D.Y. Chandrachud
Judgment text excerpt
The Supreme Court upheld the High Court's decision granting leave to the election petitioner to file a replication in response to new facts presented by the returned candidate in their written statement, citing Sections 100(1)(b) and 100(1)(d)(i)(ii)(iv) of the Representation of the People Act, 1951. The Court emphasized the principle of variance between pleading and proof in civil litigation, allowing the petitioner to clarify new allegations regarding non-disclosure of bank account details in Form 26. The outcome affirmed the High Court's order, enabling the election petitioner to substantiate their claims.