Supreme Court · 2012 INSC 123 · Decided 2 March 2012
Jitu Patnaik v. Sanatan Mohakud & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 123 · [2012] 2 S.C.R. 258
- Case number
- CIVIL APPEAL No. 2689/2012
- Decided
- 2 March 2012
- Bench
- RAJENDRA MAL LODHA, H.L. GOKHALE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution; Representation of the People Act
Headnote
REPRESENTATION OF THE PEOPLE ACT, 1951: c s.52(as inserted by Amendment Act 21 of 1996) read with ss.38, 83 and 100(1)(d) - State Legislative Assembly Elections - Death of an independent contesting candidate after the date of withdrawal of nomination and publication of list of contesting petition 0 challenging the election of returned candidate - Held: s.52 enjoins that if a candidate set up by'recognized political party dies before the poll, the poll must. be adjourned; it does not provide any such obligation on the returning officer if a candidate of a registered political
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