Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1951-Section 100 (J)(d)(iii) Representation of People Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Election Laws: Representation of People Act, 1951-Section 100(1)(d)(iii)-Election-Respondent won by huge margin-Shifting of ballot boxes without informing the contesting candidates-Appellants alleging the motive for shifting is for replacing genuine ballot papers with fake ones-Demand for inspection of ballot papers alleging various other irregularities-Held, on facts and in the absence of evidence, the appellants have failed to establish a prima facie case for inspection of ballot papers. Appellants, one a voter and the other a counting agent of the defeated candidate, challenged the election of respondent from an assembly constituency before High Court alleging commission of malpractices in counting of votes under Section 100(1)(d)(iii) of the Representation of the People Act, 1951. The appellants alleged that after the polling, the ballot boxes, which were kept in a High School initially, were later shifted to a Recreation Hall by Returning Officer without informing the contesting candidates; that the Recreation Hall is adjacent to the premises controlled by the family of the respondent; that the shifting was done with the oblique motive for replacing genuine ballot papers with fake ones; that during the counting of votes, it was noticed that in the majority of the ballot papers the signatures of the Presiding Officers in various polling booths were similar in character; and in some ballot papers, the signature of the Presiding Officer was missing; and that the Returning Officer refused to accept the complaint made by the appellants for scrutiny and verification of the ballot papers. The High Court dismissed the election petition. In appeal to the Court, the appellants besides raising the above contentions, submitted that since the ballot papers without the signature of the Presiding Officers were found in a booth, they may be allowed to inspect the ballot boxes in other polling booths to find out whether there was such omission by the Presiding Officers in other booths. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 2002 INSC 162 |
Petitioner | Rajankumar Shankarrao Taware And Anr. |
Respondent | Ajit Anantrao Pawar |
SCR | [2002] 2 S.C.R. 640 |
Judgement Date | 2002-03-20 |
Case Number | 5657 |
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