Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951- ss. 100(1)(d)(i) and (iv) 33 and 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Representation of the People Act, 1951- ss. 100(1)(d)(i) and (iv), 33 and 34 - Election to Lok Sabha - Election of returned candidate void u/s. 100(1)(d)(i) and (iv) - Declaration sought for- Ground for disqualification that returned candidate c member of two political parties at the time of filing nomination ' Dismissal of, by election judge - Held: Justified- Nomination papers of the returned candidate complete on the date of scrutiny No false declaration by candidate nor violation of provisions of Symbols Orders No evidence that returned candidate member of two registered political parties on date of nomination - Entire electioneering done by two major prepoll formations, hence, no confusion in the mind of electorates that to which alignment, a particular party and movement belonged - Also no plea raised as regard non-compliance of E ss. 33 and 34 or that the returned candidate incurred disqualification - Election Symbols (Reservation and Allotment) Order, 1968- s. 13 - Constitution of lndia, 1950- Article 84. In this appeal, the appellant-unsuccessful candidate challenges the order of High Court whereby the election petition praying that the election of the returned candidate be declared void under s. 100(1 )(d)(i) and (iv) of the Representation of the People Act, 1951 was dismissed. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2009 INSC 368 |
Petitioner | G.s. Iqbal |
Respondent | K.m. Khadar & Ors. |
SCR | [2009] 4 S.C.R. 655 |
Judgement Date | 2009-03-19 |
Case Number | 1198 |
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