Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Laws: Legislative Assembly election - Only two candidates contesting constituency - Election petition returned candidate - Alleging false declaration as regards his educational qualification and improper acceptance of his nomination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Election Laws: Legislative Assembly election - Only two candidates contesting the election in the constituency - Election petition by the candidate who lost the election, challenging the election of returned candidate - Alleging false declaration as regards his educational qualification and improper acceptance of his nomination - Election petitioner also sought that he should be declared elected - High Court declared the election of the returned candidate as void - However, the High Court refused to declare the election petitioner as elected - Cross-appeal by the election petitioner and the returned candidate - Held: The informatio11 provided by the returned candidate in Form 26 regarding his educational qualification would amount to false declaration - The false declaration regarding educational qualification is of substantial character - Mere finding . that there has been an improper acceptance of the ·nomination is not sufficient for a declaration that the election is void uls. JOO(l}(d) - There has to be further proof and pleading that the result of the returned candidate was materially affected - But such proof is not required if there are only two candidates bf the fray - Jn the present case, it was not necessmy for the election petitioner to prove that result of the election, in so far as it concerned the returned candidate has been materially affected by the improper acceptance of his nomination as there were only two candidates contesting the election - The High Court in exercise of its discretionary powe1; rightly refused to declare the election petitioner as elected after the election of the returned candidate was declared void - The election petitioner since had contested the election on behalf of Nationalist Congress Party and after result of the election having joined Bhartiya Jania Party was not entitled for such declaration - Representation of the People Act, 1951 - ss.JOO(l)(d),36(4), 53(2) and 80A. High Court - Inherent powers - Exercise of - While hearing election petition - Held: High Court hearing an election petition is not an 'authority• and it remains the High Court while trying an election petition - Inherent powers of High court are not taken away while adjudicating election disputes - Representation of the People Act, 1951 - ss. 53(2) and 80A. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2016 INSC 1000 |
Petitioner | Sri Mairembam Prithviraj @ Pr!thviraj Singh . |
Respondent | Shri Pukhrem Sharatchandra Singh |
SCR | [2016] 9 S.C.R. 687 |
Judgement Date | 2016-10-28 |
Case Number | 2649 |
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