Supreme Court of India
Jitu Patnaik v. Sanatan Mohakud & Ors.
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What the Court ordered
In view of the above, we have no hesitation in holding that the averments made in paragraph 7(0) do not set out all the material facts and do not afford an adequate basis for the E allegations made therein.
Judgment, page 31
From the headnote
REPRESENTATION OF THE PEOPLE ACT, 1951: c s.52(as inserted by Amendment Act 21 of 1996) read with ss.38, 83 and 100(1)(d) - State Legislative Assembly Elections - Death of an independent contesting candidate after the date of withdrawal of nomination and publication of list of contesting candidates, but before the date of polling - Election petition 0 challenging the election of returned candidate - Held: s.52 enjoins that if a candidate set up by'recognized political party dies before the poll, the poll must. be adjourned; it does not provide any such obligation on the returning officer if a
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