J.H. Patel VS. Subhan Khan

Extract

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J.H. Patel VS. Subhan Khan

PETITIONER: J.H. PATEL Vs.

RESPONDENT: SUBHAN KHAN

DATE OF JUDGMENT: 24/07/1996

BENCH: AHMADI A.M. (CJ)

BENCH: AHMADI A.M. (CJ)

ANAND, A.S. (J)

MAJMUDAR S.B. (J)

CITATION: JT 1996 (6) 633 1996 SCALE (5)434

ACT: JUDGMENT: J U D G M E N T

W I T H

CIVIL APPEAL NO.3677 OF 1996 Ahmadi, CJI.

By an order dated March 20, 1996, Civil Appeal No.1795/96 was allowed and the impugned order of the High Court dated January 3, 1996, was set aside. The Civil Appeal No.3677/96 which was actually cross objections filed by the respondent in Civil Appeal No.1795/96 was dismissed. The election petition from which the present appeals arose was consequently dismissed. The present judgment is to provide reasons for the above order.

First, the facts in brief. Shri Subhan Khan, the respondent in Civil Appeal No.1795/96, (hereinafter referred to as the respondent), filed the election petition challenging the election of Shri J.H. Patel, the appellant in C.A.No.1795/96, from 158 Channagiri Legislative Assembly Constituency on the ground that his (respondent's) nomination paper was improperly rejected by the Returning Officer. One Sri E. Shekharappa, a voter from the same constituency, filed a nomination paper proposing the respondent's name on October 29, 1994. The Returning Officer issued a notice to the respondent to make and subscribe the oath or affirmation before the date appointed for scrutiny of the nomination paper, that is, November 3, 1994. The preceding two days i.e., November 1, 1994 & November 2, 1994, were public holidays. The respo...

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