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Supreme Court of India 2018-09-26 partly_allowed

Patel Ahmed Mohammad vs Balwant Singh Rajput & Ors

Bench: 3 — A.M. Khanwilkar

In Brief

An appellant elected to the Rajya Sabha challenged the rejection by the Gujarat High Court of his three applications seeking dismissal of an election petition alleging corrupt practices of bribery and undue influence. The Supreme Court upheld the rejection of the first application regarding non-removal of office objections, finding it was based on mere conjecture. However, it remanded the second application to the High Court for fresh consideration of whether the served copy of the election petition contained material discrepancies, as the appellant had produced specific evidence of 20 alleged discrepancies. The third application was left open pending the outcome of the remanded application."

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Election Law Electoral Corruption Representation of the People Act Civil Procedure

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