Supreme Court · 1999 INSC 84 · Decided 25 February 1999
Sri Uma Ballav Rath v. Sri Maheshwar Mohanty and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 84 · [1999] 1 S.C.R. 895
- Case number
- CIVIL APPEAL No. 552/1998
- Decided
- 25 February 1999
- Bench
- A.S. ANAND, B.N. KIRPAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution
Headnote
B ~ Election: 'Representation of Peoples Act, 1952--Conduct of Election Rules, 1961--Rule 10(5)-Appellant and Respondent filing nominations for the c same parf)r-Respondent declared official candidate-On the basis of letter from party president-No notice to appellant-Held, there is no fair play in before passing any order. Section 100(1)(d)(iv)-Challenge to election of Respondent-Allotment D of party symbol without notice to appellant-Single Judge holding that charges not established-Evidence did not show election materially affected-Held, election cannot be set aside on presumptions.
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