Supreme Court · 2014 INSC 575 · Decided 29 August 2014
Ashraf Kokkur v. K.V. Abdul Khader ETC.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 575 · [2014] 7 S.C.R. 1123
- Case number
- CIVIL APPEAL No. 69/2012
- Decided
- 29 August 2014
- Bench
- MADAN B. LOKUR, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 191(1)(a), 191; Representation of the People Act
Headnote
Code of Civil Procedure, 1908: 0.7, r. 11 (a) - Cause of action - Election petition - c Challenging the election· of returned candidate to State Legislative Assembly -. On the ground of disqualification as he was holding office of profit, i.e. Chairperson of Kera/a State Wakf Board - did not disclose a complete cause of action or a triable issue - Held: The inquiry under 0. 7, r. 11 (a) is only as to whether D the facts as pleaded disclose a cause of action arid not complete cause of action - The limited inquiry is only to see whether the petition should be thrown out at the
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