Case Note & Summary
The case involved an application for the withdrawal of civil appeal Nos. 6329-6330 of 2005, filed by N. Rajagopalan against R. Danushkodi Adithan and others. The Supreme Court, presided over by Justices S.H. Kapadia and B. Sudershan Reddy, considered the application I.A.No.3 for withdrawal. The court allowed the withdrawal but stipulated that it must comply with the provisions of Section 110 of the Representation of People Act, 1951, which mandates that notice of such withdrawal be published in the official Gazette. Additionally, the court granted additional dasti service and allowed the elected candidate to file a reply to the application. The decision emphasized the importance of adhering to statutory requirements when withdrawing appeals.
Headnote
A) Civil Procedure - Withdrawal of Appeal - Conditions for Withdrawal - Representation of People Act, 1951, Section 110 - The court allowed the withdrawal of civil appeal Nos. 6329-6330/05, subject to compliance with Section 110 of the Representation of People Act, 1951, requiring notice of withdrawal to be published in the official Gazette. The court also granted liberty to the elected candidate to file a reply to the application in the meantime (Paras Not mentioned).
Issue of Consideration
Whether the civil appeal can be withdrawn and what conditions apply.
Final Decision
The Supreme Court allowed the withdrawal of civil appeal Nos. 6329-6330/05, subject to compliance with Section 110 of the Representation of People Act, 1951, requiring notice of withdrawal to be published in the official Gazette.
Law Points
- Withdrawal of appeal
- Compliance with statutory provisions
- Notice publication requirements
