Supreme Court of India

Sri Uma Ballav Rath v. Sri Maheshwar Mohanty and Ors.

Neutral citation
Reported as [1999] 1 S.C.R. 895
Bench Dr. A.S. Anand and B.N. Kirpal JJ.
Decided 25 February 1999

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the order of the Election Commission dated 1st February, 1995 is not sustainable for yet another reason also.

Judgment, page 5

From the headnote

Election: 'Representation of Peoples Act, 1952--Conduct of Election Rules, 1961--Rule 10(5)-Appellant and Respondent filing nominations for the c same parf)r-Respondent declared official candidate-On the basis of letter from party president-No notice to appellant-Held, there is no fair play in action-Election Commission is obliged to fallow principles of natural justice before passing any order. Section 100(1)(d)(iv)-Challenge to election of Respondent-Allotment of party symbol without notice to appellant-Single Judge holding that charges not established-Evidence did not show election

Where later benches applied it

Of those, 1 relied on · 4 mentioned

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