VidhiSangh

Supreme Court of India · 08/03/2018

ABDULRASAKH versus K. P. MOHAMMED & ORS.

[2018] 3 S.C.R. 583 · 2018 INSC 220

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court refused summary dismissal of an election petition alleging corrupt practices. The petition had been presented within 45 days and the Registry had placed its objections before the Judge, who permitted only immaterial corrections. Copies of the relied-on recordings, transcripts and translations had been supplied, while the phones were filed in sealed covers. Separate copies of the phones or chips were not required on these facts. Questions of evidentiary admissibility and accuracy remained for trial.

Issues

  1. Whether curing immaterial defects under the Judge’s order rendered the timely election petition barred by limitation.
  2. Whether supplying CDs and transcripts of relied-on phone recordings, without duplicate phones or chips, failed the true-copy requirement.

Provisions considered

Held

Result

Appeal dismissed; refusal of summary dismissal upheld. Parties to bear their own costs. Election petition to proceed, with evidentiary questions left for trial.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 583.