Bhim Rao Baswanth Rao Patil vs K. Madan Mohan Rao

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 650

S. RAVINDRA BHAT, ARAVIND KUMAR
Bhim Rao Baswanth Rao Patil – Appellant
Versus
K. Madan Mohan Rao – Respondent

Advocates appeared:
For the Petitioner(s): Mr. C Aryama Sundaram, Sr. Adv. Mr. Harin P Raval, Sr. Adv. Mr. M Srinivas R Rao, Adv. Mr. N Manohar, Adv. Mrs. Nisha Padmanabhan, Adv. Mr. Abid Ali Beeran P, AOR Mr. Sarath S Janardanan, Adv. Mr. Abhishek Gupta, Adv. Mr. Zafar Inyat, Adv. Ms. Shreya Bansal, Adv.
For the Respondent(s): Mr. Salman Khurshid, Sr. Adv. Ms. Azra Rehman, Adv. Ms. Vanya Gupta, AOR Mr. Ankit Agarwal, AOR Ms. Viyushti Rawat, Adv.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. Leave granted. The present appeal by special leave questions a judgment and order of the Telangana High Court¹[Election Petition No.34/2019, rejecting IA 01/2020] dismissing an application which sought rejection of the respondent’s election petition. The appellant had contended that the election petition (hereafter “the petition”) did not disclose any cause of action and was barred in law and was liable to be rejected.

2. The appellant was a successful candidate in the election conducted for the Zaheerabad Parliamentary Constituency on 11.04.2019. He was declared elected on 23.05.2019, defeating the respondent (hereafter referred to as “the election petitioner”) by a margin of 6229 votes. The respondent preferred an election petition under Sections 81 and 84 read with Sections 100(1)(d)(i)(ii)(iii) & (iv) of the Representation of People Act, 1951 (hereafter “the Act”). The election petition alleged, amongst others, that the appellant had furnished false information in Form 26 (election affidavit); that the Returning Officer had not followed the E

Click Here to Read the rest of this document

2023 Supreme(SC) 650

S. RAVINDRA BHAT, ARAVIND KUMARBhim Rao Baswanth Rao Patil – AppellantVersusK. Madan Mohan Rao – Respondent

Cases Referred (11)

S. RAVINDRA BHAT, ARAVIND KUMAR
Bhim Rao Baswanth Rao Patil – Appellant
Versus
K. Madan Mohan Rao – Respondent