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1996 Supreme(SC) 2053

G.T.NANAVATI, K.RAMASWAMY
Bashir Musa Patel – Appellant
Versus
Satyawan Ganpat Jawkar – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the order of the learned single Judge of the Bombay High Court, made on 11/ 12.2.1991 in Election Petition No. 13/90. It is not necessary to adumberate all the corrupt practices alleged to have been committed by the appellant mentioned in the election petition filed by the respondents. It would appear that the appellant had filed an application to dismiss the election petition on a preliminary ground that the required particulars of corrupt practices are lacking in the election petition and, therefore, no cause of action has been furnished to proceed further in the election petition. That objection was overruled. Subsequently, a petition has been filed to dismiss the election petition itself. In the impugned order, the learned Judge while holding that "the particulars are lacking" has held that what is missing from the petition are "merely particulars" and held that under Section 86(5) of the Representation of People s Act, the Court has discretion to direct the party to furnish the particulars. Accordingly, he directed to furnish the particulars as mentioned in the operative part of the order which reads thus : .

"(I) I














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