Supreme Court · 2002 INSC 117 · Decided 5 March 2002
P.H Pujar v. Kanthi Rajashekhar Kidiyappa and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 117 · [2002] 2 S.C.R. 205
- Case number
- CIVIL APPEAL No. 7113/2000
- Decided
- 5 March 2002
- Bench
- B.N. KIRPAL, Y.K. SABHARWAL, K.G. BALAKRISHNAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Representation of the People Act Section 81
Headnote
B Representation of the People Act, 1951: Sections 81 and JOO. Election-Challenge by defeated candidate on the ground of non-filing of check memos by counting superi:isors-High Court holding declaration of C election void-Direction to recount ballot papers-Appeal before Supreme Court-Held, recount merely because difference is meagre-Proper foundation should be laid in pleadings-Specific a/legations should be made and proved-Held there was lack of pleadings as to material fact in the election petition-Held D High Court erred in directing recount. In the election petition filed by respondent
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