Supreme Court of India

Jyoti Basu & Others. v. Debi Ghosal & Others.

Neutral citation

Reported as [1982] 3 S.C.R. 318

Bench R.S. Pathak J.

Decided 26 February 1982

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

11 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the foregoing discussion we are of the opmton that · C no one may be joined as a party to aii election petition otherwise than as provided by Sections 82 and 86 ( 4) of the Act.

Judgment, page 14

From the headnote

Representation of the Pepople Act 1951, Ss. 82 and 86 (4) Election Petition Parties to-Who are-Corrupt practice alleged against person who is not a candi date-Such person whether can be impleaded as respondent. Election Law-Right to elect-Neither fundamtntal right nor Common Law right-Statutory right subject to statutory limitations. Code of Civil Procedure 1908 Or. Ir. JO-Concept of'proper parties' Applicability of to election petitions. The Representation of the People Act 1951, by Section 81 prescribes who may present an election petition. It may be by any candidate at such election, by

Authorities it was built on

1968 K. Venkateswara Rao and Anr. v. Bekkam Narasimha Reddi & Ors. cited by 7

Where later benches applied it

2020 Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu @ Dhiraj Sahu & Anr. relied on
2019 Nitin Bandopant Salagre v. The State Election Commission & Anr. relied on
2015 Vipulbhai M. Chaudhary v. Gujarat Cooperative Milk Marketing Federation Limited and Others relied on
2012 Ravi Yashwant v. District Collector, Raigad and Ors. relied on
2024 IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus referred to
2023 Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao and Ors. referred to
2023 Anoop Baranwal v. Union of India referred to
2015 Rajbala & Others v. State of Haryana & Others referred to
2012 Jitu Patnaik v. Sanatan Mohakud & Ors. referred to
2013 Smt. Neena Vikram Verma v. Balmukund Singh Gautam & Ors. mentioned
2022 S. Rukmini Madegowda v. The State Election Commission & Ors distinguished

Of those, 4 relied on · 1 distinguished · 5 referred to · 1 mentioned

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