June 18, 2012

Election Laws: Two Judges differ on whether election petition once filed can be amended later or not

To challenge someone's election is a serious matter. The law is very stringent. If petition is not properly drafted and filed in a hurry, it can be thrown out.

Once such a petition is filed to challenge Election on ground of Corrupt Practice, can this petition be modified, changed or amended at later stage.

Two Judges in Supreme Court has differed. One Judge says, yes it can be done. Other Judge says, No, it cannot be done.

The law will now have to be settled by a larger bench of Supreme Court

Ref: 2012. (5) Scale 90

Haresh Raichura
18/6/2012