Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1951 - ss.33(5) 36(2)(b) Representation of People Act JOO(l)(a) and JOO(l)(d) - Election 87 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election Laws: Representation of People Act, 1951 - ss.33(5), 36(2)(b), 87, JOO(l)(a) and JOO(l)(d) - Election of appellant to a constituency of Madhya Pradesh Legislative Assembly - Election petition filed by respondent No. J - High Court held that appellant had not filed the electoral roll (or certified copy thereof) of his constituency, therefore the returning officer had committed an illegality in D accepting the nomination of appellant - High Court came to the conclusion that election of appellant was liable to be declared void uls.JOO(J)(a) along with s.JOO(l)(d)(i) - On appeal, held: High Court ought to have found out whether improper acceptance of the nomination had materially affected the result of the election - Without dealing with that question/issue, it was not empowered to declare E the election of appellant-returned candidate as void - To declare election void uls.JOO(l)(a), it must be established that the returned candidate is not a voter of any assembly constituency of the State - Election petition filed by the respondent-election petitioner itself stated that the appellant-returned candidate was a registered voter F of a constituency - There was no pleading at all to the effect that appellant was not a voter - Therefore, order of High Court unsustainable - Election of appellant-returned candidate was valid |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 942 |
Petitioner | Rajendra Kumar Meshram |
Respondent | Vanshmani Prasad Verma And Anr. |
SCR | [2016] 9 S.C.R. 74 |
Judgement Date | 2016-10-03 |
Case Number | 3797 |
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