Supreme Court · 2006 INSC 595 · Decided 11 September 2006

Jayarajbhai Jayantibhai Patel v. Anilbhai Jayantibhai Patel and ORS.

Court
Supreme Court of India
Citation
2006 INSC 595 · [2006] SUPP. 5 S.C.R. 884
Case number
CIVIL APPEAL No. 4056/2006
Decided
11 September 2006
Bench
K.G. BALAKRISHNAN, D.K. JAIN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226

Headnote

Constitution of India, 1950: Article 226-Municipal election-Decision of Presiding Officer­ C Judicial review of-Held, when Court is satisfied that there is an abuse or misuse of power, and its jurisdiction is invoked, it is incumbent on the court to intervene-Gzy·arat Municipalities contestants­ Detention of two Councillors before election meeting-Presiding Officer holding election-The two contestants getting equal number of votes pol/ed­ E/ection declared by draw of lots-High Court in writ petition setting aside the election and declaring the defeated

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