Supreme Court · 1958 INSC 49 · Decided 22 April 1958
Inamati Mallappa Basappa v. Desai Basavaraj Ayyappa & Others
- Court
- Supreme Court of India
- Citation
- 1958 INSC 49 · [1959] 1 S.C.R. 611
- Case number
- CIVIL APPEAL No. 76/1958
- Decided
- 22 April 1958
- Bench
- NATWARLAL HARILAL BHAGWATI, J.L. KAPUR, A.K. SARKAR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Representation of the People Act Section 97
Headnote
COURT REPORTS 611 INAMATI MALLAPPA BASAPPA v. DESAI BASAV ARAJ AYYAPPA & OTHERS (BHAGWATI, J. L. KAPUR and A. K. SARKAR JJ.) Election Petition-Claim for seat-Recrimination, when right accr·ues-Abandonment of claim for seat, if permissible-Whether abandonment affects right of tion petition against B, the successful candidate, claiming a declaration that the election of B was void and that he.had been duly elected as he had secured the next highest number of valid votes. On the first date of the hearing before the Election Tribunal A submitted an application under
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