Supreme Court · 2001 INSC 117 · Decided 26 February 2001
Patangrao Kadam v. Prithviraj Sayajirao Yadav Deshmukh and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 117 · [2001] 2 S.C.R. 118
- Case number
- CIVIL APPEAL No. 1789/1998
- Decided
- 26 February 2001
- Bench
- A.S. ANAND, R.C. LAHOTI, SHIVARAJ V. PATIL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Election Law : c Representation of People Act, 1951: Sections 79(b), 82(b), JOO and 123. Election-Election pet it ion--C omtpt practice-Allegation of-Non-join- der of necessary pmty-Effect of-Duly nominated candidate withdrew his candidature and became election agent of the returned candidate-Bur election although corrupt practice alleged D against him-Maintainability of-Held : A duly nominated candidate, even after withdrmval, renzains a cand;date and has to be joined as a necessary party-His non-joinder is fatal to the election petition-Hence, election peti- tion rightly dismissed. E
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