Supreme Court · 2009 INSC 1160 · Decided 18 September 2009

Ram Sukh v. Dinesh Aggarwal

Court
Supreme Court of India
Citation
2009 INSC 1160 · [2009] 14 S.C.R. 836
Case number
CIVIL APPEAL No. 6128/2008
Decided
18 September 2009
Bench
D.K. JAIN, H.L. DATTU (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 86; Representation of the People Act Section 86

Headnote

REPRESENTATION OF THE PEOPLE ACT, 1951: c s. 83(1)(a), proviso, ss.86 and 100(1)(d) - State Legislative Assembly elections - Election petition seeking to declare the election of returned candidate as void on the ground of corrupt practices - High Court dismissing election petition at preliminary and for want of requisite affidavit in support of a/legations of corrupt practices - HELD: All facts which are essential to clothe the petition with complete cause of action must be pleaded and omission of a single material fact would amount to disobedience of the mandate of s.83(1)(a) - E

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