Supreme Court · 1996 INSC 777 · Decided 24 July 1996
J.H. Patel v. Subhan Khan
- Court
- Supreme Court of India
- Citation
- 1996 INSC 777 · [1996] SUPP. 3 S.C.R. 864
- Case number
- CIVIL APPEAL No. 1795/1996
- Decided
- 24 July 1996
- Bench
- A.M. AHMADI, A.S. ANAND, S.B. MAJMUDAR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 173
Headnote
Rcprese11tation of People Act, 1951-Section 36(2}-Nomina­ tion--<Jatlz required by Anicle 173 of the Co11stitutio11 of Jndill-lt has to be taken p1ior to date of scrutiny of ;1on1ination paper and not on the san1e C day-Expression '011 the date fixed for SC1utiny' - It means Oil the whole valid for election of the collcemed assemb(v---Effect of non disclosure of the fact of having subsC1ibed an oath on an earlier date p1ior to scnttiny. D Election Petitio1.--0rigi11al Proceeding-Jwisdiction of High Co1111 to E F consider fresh mateiial--Potential for mischief Constitutio11 of
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