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: Sections 36 and 8 |
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:Sections 36 and 8-Scrutiny of nominations-Candidate failing to fill up proforma prescribed by Election Commission-Returning Officer rejecting nomination paper at the time of scrutiny-High Court upholding the rejection-Held: Returning Officer was within his rights in rejecting nomination paper since nomination paper suffered from defect of substantial character.Section 36(2)-Scrutiny of nomination papers-Power of Returning Officer and scope of inquiry-Discussed.Election Commission issued instructions that at the time of filing nomination papers, candidate should also fill up prescribed proforma. This was with a view to seek information to ascertain at the time of scrutiny as to whether the candidature is valid in the light of the provisions of Section 8 of the Representation of People Act, 1951. A candidate did not fill up the proforma, but tiled an affidavit to the effect that the information in the proforma was correct Returning Officer rejected the nomination papers at the time of scrutiny. High Court upheld the rejection. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2002 INSC 562 |
Petitioner | Shaligram Shrivastava |
Respondent | Naresh Singh Patel |
SCR | [2002] Supp. (5) S.C.R. 585 |
Judgement Date | 2002-12-19 |
Case Number | 4023 |
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