Supreme Court · 1994 INSC 136 · Decided 31 March 1994
Subhash Desai v. Sharad J. Rao and ORS.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 136 · [1994] 3 S.C.R. 271
- Case number
- CIVIL APPEAL No. 1745/1991
- Decided
- 31 March 1994
- Bench
- A.M. AHMADI, M.M. PUNCHHI, N.P. SINGH (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 123(3); Constitution Article 25; Representation of the People Act Section 83, 123(3), 123(3A), 123(4), 83(1)
Headnote
,B Representation of the People Act, 1951-Sec. 83( !)-Scope, ambit and limits-Whether non-compliance of the provision entails dismissal of election petition under the R.P. Act or C.P.C. Sec. 123(3) & (3A)-Whether in conflict with Art. 25 of the Constitution of India-A person acquires legal of nomina­ tion-Whether could be considered in an election petition. c Sec. 123(4), objects-Explained-Allegation of corrupt practices-Onus D of proof on the person alleging such corrupt practices. Secs. 62(1), 23(3) & 19(J)(d}-lnc/usion of names after the last day for making
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