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2016 Supreme(SC) 802
SUPREME COURT OF INDIA
Anil R. Dave, C. Nagappan, Adarsh Kumar Goel, JJ.
Jagabandhu Behera - Petitioners
Versus
Subrat Tarai & Ors. – Respondents
Civil Appeal No(S).496 of 2016 (Arising out of Special Leave Petition (C) No(s). 896/2016).
Decided On : 21-1-2016
For the Petitioner:Debesh Panda, Naman Maheshwari, Kedar Nath Tripathy, Advocates.
For the Respondents:V. Giri, Sr. Adv., Ashok Panigrahi, Surajit Bhaduri, Santosh Kumar, Tarani Kanta Biswal, Advocates.
Headnote:Representation of People Act, 1951 – Section 83(1)(a) – Material particulars – Given in para 7(B) of the election petition – Para 7(B) ordered to be restored – Striking off of other paras by High Court approved – Appeal partly allowed. (Para 3)
JUDGMENT :
Anil R. Dave, J.
Leave granted.
2. Heard learned counsel for the parties at length and perused the relevant paragraphs of the Election Petition.
3. After careful consideration, we are of the view that material particulars had been given in Para 7(B) and therefore, the said para, forming the part of the Election Petition is ordered to be restored. So far as rest of the paras are concerned, in our opinion, the High Court was right while striking them off.
4. In the circumstances, the appeal is partly allowed to the above extent.
