G.M. SIDDESHWAR v. PRASANNA KUMAR
Case at a glance
Provisions considered
- Code of Civil Procedure, 1908 s. 26; O. 7 r. 11; O. VI rr. 15, 16; O. VII r. 11
- Representation of the People Act, 1951 ss. 81(3), 83(1), 83(1)(c), 117
- Representation of the E People Act, 1951
- Constitution of India
Judgment
2.2. Section 86 of the Act makes no reference to Section 83 thereof and so, prima facie, an election petition C cannot be summarily dismissed under Section 86 of the Act for non-compliance of the provisions of Section 83 thereof. [Para 42] [1129-G-H] Ponnala Lakshmaiah vs. Kommuri Pratap Reddy (2012) D 7 SCC 788:2012 (6) SCR 851; Hardwari Lal vs. Kanwal Singh (1972) 1 SCC214: 1972 (3) SCR 742; Sardar Harcharan Singh Brar vs. Sukh Darshan Singh (2004) 11 SCC 196: 2004 (5) Suppl. SCR 682; G. Mallikarjunappa and Anr. vs. Shamanur Shivashankarappa and Ors.(2001) 4 E SCC 428 - relied on.
2.3. Although non-compliance with the provisions of Section 83 of the Act is a curable defect, yet there must be substantial compliance with the provisions thereof. However, if there is total and complete non-compliance F with the provisions of Section 83 of the Act, then the petition cannot be described as an election petition and • may be dismissed at the threshold. [Para 55] [1134-C-D] Murarka Radhey Shyam Ram Kumar vs. Roop Singh G Rathore and Ors.(1963) 3 SCR 573; Ch. Subba Rao vs. Member, Election Tribunal. Hyderabad (1964) 6 SCR 213 - followed.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.