Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of People Act 1951 |
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: Section /6(A)/Conduct of ElectionRules, 1961: Rules 39 and 56:Election Petition-Rejection of votes by the Returning Officer due tomarking by wrong stamp-Petition dismissed by High Court-On appeal,Held: when only certain ballot papers in a booth were marked by wrongstamp; it goes to show that wrong stamp was supplied by the Polling Officerand withdrawn thereafter as asserted by the petitioner-appellant-Returningofficers did not conduct proper inquiry to find out facts regarding supply ofwrong stamp by the polling/presiding officers before rejecting votes. Alsoignored written direction of Election Commission for counting them as validvotes-Hence such votes are valid votes-Thus petitioner declared elected-Directions· issued.Evidence Act, 1872:Evidence of Polling Officer~Reliance thereupon-Held, since thestatement of one of the Polling officers as to supply of wrong stamp to votersis in consonance with the circumstances and plea of the petitioner, suchstatement is reliable.Words & Phrases:'felt satisfied'-Meaning and scope of in the context of rejection ofballot papers-Election laws. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2003 INSC 180 |
Petitioner | Hari Shankar Prasad |
Respondent | Shahid Ali Khan And Ors. |
SCR | [2003] 2 S.C.R. 1113 |
Judgement Date | 2003-03-13 |
Case Number | 4621 |
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