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1984 Supreme(SC) 41

A.V.VARADARAJAN, RANGANATH MISRA, S.MURTAZA FAZAL ALI
A. Madan Mohan – Appellant
Versus
Kalavakunta Chandrasekhara – Respondent


Advocates:
K.RAJENDRA CHAUDHARY, K.Shivraj Choudhary, SOLI J.SORABJI, V.R.REDDY

JUDGMENT

FAZAL ALI, J. :— This petition for special leave is directed against an interlocutory Order dated July 16, 1983 of the Andhra Pradesh High Court rejecting the application of the petitioner for dismissing the election petition of the respondent in limine under S. 86 of the Representation of the People Act (hereinafter referred to as the Act).

2. The petition arises out of an election to the Siddipet Assembly constituence in Andhra Pradesh which took place on January 5, 1983. live petitioner was declared elected to the said Assembly. The respondent filed an election petition in the High Court alleging certain corrupt practices.

3. The short point for consideration before us is as to whether or not the election petition was liable to, be dismissed in limine under S. 86 of the Act as the copies of the documents and schedules, which formed an integral part of the election petition, were not supplied to the petitioner which amounted to a clear breach of the mandatory provisions contained in S. 81 (3) of the Act.

4. The High Court alter hearing both the parties dismissed the application of the petitioner for throwing out the election petition of the respondent in limine. We have hea






























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