http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 12
PETITIONER: INAMATI MALLAPPA BASAPPA
Vs.
RESPONDENT: DESAI BASAVARAJ AYYAPPA & OTHERS
DATE OF JUDGMENT: 22/04/1958
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. KAPUR, J.L. SARKAR, A.K.
CITATION: 1958 AIR 698 1959 SCR 611
ACT: Election Petition-Claim for seat-Recrimination, when right accrues-Abandonment of claim for seat, if permissible- Whether abandonment a affects right of recrimination-Code of Civil Procedure (Act V of 1908), O. 23, r. 1.- Representation of the People Act, 1951 (27 Of 1951), ss. 90 and 97.
HEADNOTE: A, the unsuccessful candidate at an election, filed an elec- tion petition against B, the successful candidate, claiming a declaration’ that the election of B was void and that lie had been duly elected as he had secured the next highest number of valid votes. On the first date of the hearing before the Election Tribunal A submitted an application under 0. 23, r. 1, of the Code of Civil Procedure abandoning the relief claiming the seat. B objected to the abandonment and filed a notice of recrimination under s. 97 of the Representation of the People Act, 1951, accompanied by the statement and necessary particulars. A contended that B was not entitled to give evidence in recrimination as the claim for the seat had been abandoned. The Tribunal held that s. 90(1) of th...