Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Laws Bihar Panchayat Raj Act Panchayat Election 2006 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bihar Panchayat Raj Act, 2006 (6 of 2006) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Election Laws:Panchayat Election – Complaint against returned candidate, by the election petitioner – Alleging that despite objection, number of valid votes cast in his favour were being rejected and invalid votes in favour of returned candidate were accepted – The Tribunal finding the irregularities in counting of votes declared his election as null and void and directed recounting of votes – In Writ Petition Single Judge of High court held that before recounting of votes, election of returned candidate should not have been set aside and relegated the parties to Tribunal for passing appropriate order after result of recounting – After recounting process, results were kept in sealed envelope – LPA filed against order of Single Judge – Tribunal’s direction to place the result in sealed envelope before District Election Officer-cum-District Magistrate for declaration of the result – Challenged by returned candidate by way of a writ petition – The LPA as well as the writ petition of returned candidate was decided against the election petitioner setting aside the direction of recounting of votes – Appeal to Supreme Court – Held : Division Bench reversed the well considered decision of Election Tribunal and Single Judge of High Court, without analysing the pleadings and the evidence – A declaration u/s. 140 of Bihar Panchayat Raj Act, 2006 is issued that the election of the returned candidate is set aside being invalid and election petitioner is declared as having been duly elected – Bihar Panchayat Raj Act, 2006 – s. 140. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2020 INSC 95 |
Petitioner | Chandeshwar Saw |
Respondent | Brij Bhushan Prasad & Ors. |
SCR | [2020] 1 S.C.R. 523 |
Judgement Date | 2020-01-28 |
Case Number | 780 |
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