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Representation of the People Act, 1951

352 judgments · newest first · showing 1–200

SIDDHESHWAR ATMARAM MUNDEversusSATISH BHANUDASRAO CHAVAN

DISMISSED

The petitioner challenged the 4 December 2020 election result for the Maharashtra Legislative Assembly Graduates' Constituency, alleging excess and blank ballot sheets, discrepancies in vote counts, and unsigned ballots, and claimed corrupt practice under section 123(7) of the Representation of the …

PRASHANT BABAN YADAVversusSHEKHAR GOVINDRAO NIKAM

Dismissed

The petitioner, Prashant Baban Yadav, filed an election petition seeking compliance with Section 109 of the Representation of the People Act, 1951. The petitioner failed to comply with the order and the petitioner’s counsel was absent on several occasions. The court had previously granted additional …

LALITBHAI KARAMSHIBHAI KAGATHARAversusDURLABHJIBHAI HARAKJIBHAI DETHARIA

28-REJECTED @ ADM.STAGE

The case concerned an application under Order VII Rule 11 of the CPC seeking dismissal of an election petition challenging the 2022 legislative election for Tankara constituency. The petitioner alleged that the returned candidate, Durlabhji Detharia, had suppressed material information in his …

DURLABHJIBHAI HARAKJIBHAI DETHARIAversusLALITBHAI KARAMSHIBHAI KAGATHARA

56-DISPOSED AT ADMISSION STAGE

The case concerned an application under Order VII Rule 11 of the CPC seeking dismissal of an election petition challenging the 2022 legislative election for Tankara constituency. The petitioner alleged that the returned candidate, Durlabhji Detharia, had suppressed material information in his …

LALITBHAI KARAMSHIBHAI KAGATHARAversusDURLABHJIBHAI HARAKJIBHAI DETHARIA

56-DISPOSED AT ADMISSION STAGE

The case concerned an application under Order VII Rule 11 of the CPC seeking dismissal of an election petition challenging the 2022 legislative election for Tankara constituency. The petitioner alleged that the returned candidate, Durlabhji Detharia, had suppressed material information in his …

DURLABHJIBHAI HARAKJIBHAI DETHARIAversusLALITBHAI KARAMSHIBHAI KAGATHARA

53-ALLOWED / GRANTED @ ADM.STAGE

The case concerned an application under Order VII Rule 11 of the CPC seeking dismissal of an election petition challenging the 2022 legislative election for Tankara constituency. The petitioner alleged that the returned candidate, Durlabhji Detharia, had suppressed material information in his …

TANKADHAR TRIPATHYversusDIPALI DAS

2025 INSC 1017

The appellant, Tankadhar Tripathy, was elected from the Jharsuguda Assembly Constituency, after which the respondent, Dipali Das, filed an election petition alleging corrupt practices and EVM irregularities. The appellant challenged the petition's maintainability, arguing that the petition lacked a …

AJMERA SHYAMversusSMT. KOVA LAXMI & ORS.

2025 INSC 992Dismissed

The appellant, Ajmera Shyam, challenged the election of Smt. Kova Laxmi, alleging that she failed to disclose income shown in her income‑tax returns for four financial years in the Form 26 affidavit, marking it as “Nil”. The High Court dismissed the election petition, holding that the omission was …

A. RAJAversusD. KUMAR

2025 INSC 629Appeal(s) allowed

The appellant, A. Raja, contested and won the Devikulam Assembly seat, a constituency reserved for Scheduled Castes, by filing a nomination stating he belonged to the Hindu Parayan caste, supported by a caste certificate. The respondent challenged the election, alleging that the appellant's paternal …

THE STATE OF TAMIL NADUversusTHE GOVERNOR OF TAMIL NADU & ANR.

2025 INSC 481Disposed off

The State of Tamil Nadu challenged the Governor's actions in withholding assent to 10 bills and reserving them for the President's consideration after the bills were repassed by the State Legislature. The Supreme Court examined the scope of the Governor's powers under Article 200 of the …

VIJAY BAHADURversusSUNIL KUMAR & ORS.

2025 INSC 332Appeal(s) allowed

The appellant Vijay Bahadur contested the election of Gram Pradhan in Chaka village, alleging a discrepancy of 19 votes between the Presiding Officer’s oral statement (1194 votes) and Form 46 (1213 votes) and claiming irregularities such as missing poll‑booth diaries and police interference. He …

MOHD. TAHIR HUSSAINversusSTATE OF NCT OF DELHI

2025 INSC 100

Mohd. Tahir Hussain, an under‑trial accused in multiple FIRs including rioting and the murder of an IB official, has been in custody since March 2020 and sought interim bail to contest and campaign in the 2025 Delhi Assembly elections. The Delhi High Court allowed only a custodial parole for filing …

IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus

2024 INSC 789Reference answered

The case concerns the constitutional validity of Section 6A of the Citizenship Act, 1955, which grants citizenship to certain migrants from Bangladesh to Assam based on cut-off dates (before 1.1.1966 and between 1.1.1966 and 25.3.1971). The provision was enacted to implement the Assam Accord. …

KIMNEO HAOKIP HANGSHINGversusKENN RAIKHAN & ORS.

2024 INSC 689Dismissed

The appellant, a Member of the Manipur Legislative Assembly, was elected from the Saikul constituency in 2022. The respondent filed an election petition alleging that the appellant concealed assets worth about Rs. 2 crore and falsified her income, thereby committing corrupt practices. The appellant …

ARVIND KEJRIWALversusDIRECTORATE OF ENFORCEMENT

2024 INSC 400

Arvind Kejriwal, the Chief Minister of Delhi, was arrested on 21 March 2024 by the Directorate of Enforcement in connection with alleged offences under the Prevention of Money Laundering Act and related statutes. He challenged the arrest before the Supreme Court, arguing that the legality of his …

ASSOCIATION FOR DEMOCRATIC REFORMSversusELECTION COMMISSION OF INDIA AND ANOTHER

2024 INSC 341Disposed off

The Association for Democratic Reforms challenged the use of Electronic Voting Machines (EVMs) with VVPAT, seeking a return to paper ballots, physical hand‑over of VVPAT slips to voters, and 100% VVPAT counting, alleging possible manipulation. The Supreme Court examined the technical architecture of …

KARIKHO KRIversusNUNEY TAYANG AND ANOTHER

2024 INSC 289Disposed off

In the 2019 Arunachal Pradesh Legislative Assembly election, independent candidate Karikho Kri was elected from Tezu (ST) constituency. Nuney Tayang challenged the election, alleging that Kri failed to disclose three vehicles, a no‑dues certificate for government accommodation, and …

KARIM UDDIN BARBHUIYAversusAMINUL HAQUE LASKAR & ORS.

2024 INSC 282Case Allowed

The appellant, Karim Uddin Barbhuiya, contested the dismissal of his application under Order VII Rule 11 CPC seeking rejection of an election petition filed by Aminul Haque Laskar alleging false statements in the appellant's nomination affidavit and improper acceptance of his nomination. The Supreme …

ASSOCIATION FOR DEMOCRATIC REFORMS & ANR.versusUNION OF INDIA & ORS.

2024 INSC 113

The Supreme Court of India struck down the Electoral Bond Scheme and related amendments to the Finance Act 2017, which had introduced anonymous financial contributions to political parties. The Court held that the scheme violated the right to information of voters under Article 19(1)(a) of the …

AFJAL ANSARIversusSTATE OF UP

2023 INSC 1071Case Partly allowed

Afzal Ansari, a sitting Member of Parliament, was convicted under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act and sentenced to four years' imprisonment, resulting in his disqualification from the Lok Sabha under Section 8 of the Representation of the …

DASANGLU PULversusLUPALUM KRI

2023 INSC 930Appeal(s) allowed

The appellant, a third wife of a deceased MLA from the Mishmi tribe, filed a nomination for a 2019 assembly election and marked ‘not applicable’ in Form‑26 for the spouse‑property column. The respondent challenged the nomination, alleging non‑disclosure of the deceased husband’s assets, which he …

BHIM RAO BASWANTH RAO PATILversusK. MADAN MOHAN RAO AND ORS.

2023 INSC 641Dismissed

Bhima Rao Baswanth Rao Patil, a successful Lok Sabha candidate, was challenged by K. Madan Mohan Rao through an election petition under Sections 81 and 84 of the Representation of the People Act, 1951, alleging false information, non‑disclosure of pending criminal cases and convictions, and …

SENTHIBALAJI VversusA.P. GEETHA AND ORS

2023 INSC 571Appeal(s) allowed

The appellant, a duly elected MLA, challenged an election petition filed by the first respondent that alleged improper acceptance of his nomination papers and corrupt practices. The petition relied on representations to the Returning Officer and alleged misuse of government vehicles and suppression …

SUBHASH DESAIversusPRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & ORS.

2023 INSC 516Disposed off

After the 2019 Maharashtra elections a coalition government (MVA) led by Uddhav Thackeray collapsed in mid‑2022 when the Shiv Sena split into two factions headed by Thackeray and Eknath Shinde. The Governor, relying on letters from opposition leaders and a resolution of 34 Shiv Sena MLAs, directed …

KANIMOZHI KARUNANIDHIversusA. SANTHANA KUMAR & ORS

2023 INSC 499Appeal(s) allowed

The Supreme Court examined an election petition filed under Section 100(1)(d)(iv) of the Representation of the People Act, 1951, which alleged that the returned candidate, Kanimozhi Karunanidhi, had suppressed her spouse's PAN and income‑tax details in Form 26. The Court held that the petition …

LOK PRAHARIversusUNION OF INDIA & ORS

2023 INSC 302Dismissed

Lok Prahari, a society, challenged the constitutional validity of Rule 39-AA of the Conduct of Election Rules, 1961 and the proviso to Section 33 of the Representation of the People Act, 1951, alleging violations of Article 80(4), Article 14 of the Constitution and Section 123(2) of the Act. The …

ANOOP BARANWALversusUNION OF INDIA

2023 INSC 190Case Partly allowed

The writ petitions challenged the constitutional validity of the practice of appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) solely by the executive. The Supreme Court examined Article 324(2) and Constituent Assembly debates, concluding that Parliament was intended …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA & ORS.

2023 INSC 174Dismissed

Ashwini Kumar Upadhyay filed a writ petition under Article 32 seeking a court order directing the Home Ministry to set up a Renaming Commission, the Archaeological Survey of India to research original names, and governments to update records of ancient religious sites renamed during foreign …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA AND ANOTHER

2023 INSC 94Dismissed

Ashwini Kumar Upadhyay filed a writ petition under Article 32 challenging the constitutional validity of Section 33(7) of the Representation of the People Act, 1951, which allows a candidate to contest elections from more than one constituency for the same office simultaneously. He argued that the …

KAUSHAL KISHORversusSTATE OF UTTAR PRADESH & ORS.

2023 INSC 4Reference answered

Writ Petition (Criminal) No. 113 of 2016 and Special Leave Petition (Diary) No. 34629 of 2017 were referred to a Constitution Bench to answer five questions concerning the scope of freedom of speech under Article 19(1)(a) and the enforceability of fundamental rights against non-State actors. The …

RAVI NAMBOOTHIRIversusK.A. BAIJU & ORS

2022 INSC 1187Appeal(s) allowed

The appellant, Ravi Namboothiri, was elected councilor of Ward No.5 of Annamanada Gram Panchayat in 2015. After his election, the respondent filed an election petition alleging that the appellant had failed to disclose a past conviction under the Kerala Police Act (Section 38 read with Section 52) …

YENDAPALLI SRINIVASULU REDDYversusVEMIREDDY PATTABHIRAMI REDDY & ORS.

2022 INSC 1120Dismissed

The appellant, a returned candidate, challenged an election petition filed by the respondent that alleged improper acceptance of his nomination and mishandling of votes. The respondent later sought to amend the petition to include allegations that the appellant had failed to disclose a pending …

K. MADAN MOHAN RAOversusBHEEMRAO BASWANTHRAO PATIL & ORS.

2022 INSC 1025Appeal(s) allowed

K. Madan Mohan Rao filed an election petition (No.34/2019) in the Telangana High Court and moved an application under Order VII Rule 11 of the CPC seeking exemption from filing the impugned order. After a prolonged hearing, the High Court pronounced an order on 15 June 2022 allowing the application …

ASHWINI KUMAR UPADHYAYversusUNION OF INDIA AND ANR.

2022 INSC 875Directions issued

The petitioners challenged pre‑election promises of free goods (“freebies”) made by political parties, arguing that such promises strain state finances and violate the spirit of free and fair elections. They sought judicial intervention, contending that the promises amount to corrupt practices under …

ASHISH SHELAR & ORS.versusTHE MAHARASHTRA LEGISLATIVE ASSEMBLY & ANR.

2022 INSC 116Appeal(s) allowed

The petitioners, twelve BJP MLAs, were suspended for one year by a resolution of the Maharashtra Legislative Assembly after a heated monsoon session. They challenged the resolution under Articles 14, 21 and 190(4) of the Constitution, arguing that the suspension exceeded the period allowed by Rule …

BRAJESH SINGHversusSUNIL ARORA & ORS.

2021 INSC 388Disposed off

The Supreme Court entertained a contempt petition filed by Brajesh Singh alleging that several political parties wilfully disobeyed the Court's order dated 13‑02‑2020, which required parties to disclose the criminal antecedents of their candidates and the reasons for their selection, within 48 hours …

PRADEEP KUMAR SONTHALIAversusDHIRAJ PRASAD SAHU @ DHIRAJ SAHU & ANR.

2020 INSC 710Disposed off

In the biennial Rajya Sabha election from Jharkhand, MLA Amit Kumar Mahto cast his vote at 9:15 a.m. on 23 March 2018, but was convicted later that afternoon. The petitioner, Pradeep Kumar Sonthalia, challenged the validity of that vote, arguing that the conviction rendered Mahto disqualified under …

SARITHA S. NAIRversusHIBI EDEN

2020 INSC 693Dismissed

Saritha S. Nair filed nominations from two Lok Sabha seats but her nominations were rejected because she had been convicted in two criminal cases, each carrying a three‑year imprisonment, invoking disqualification under Section 8(3) of the Representation of the People Act, 1951. She challenged the …

TEJ BAHADURversusSHRI NARENDRA MODI

2020 INSC 655Dismissed

Tej Bahadur, a former Border Security Force officer dismissed in 2017, filed an election petition challenging Narendra Modi's election to the Lok Sabha from Varanasi, alleging his own nomination was wrongly rejected and the election was vitiated. He had filed two nomination papers in April 2019 but …

ARJUN PANDITRAO KHOTKARversusKAILASH KUSHANRAO GORANTYAL AND ORS.

2020 INSC 453Dismissed

The appellant, Arjun Panditrao Khotkar, was elected to the Maharashtra Legislative Assembly but his election was challenged on the ground that two of his nomination papers were filed after the statutory deadline. The High Court relied on video recordings of the Returning Officer's office, produced …

SATISH UKEYversusDEVENDRA GANGADHARRAO FADNAVIS AND ANR.

2019 INSC 1103Appeal(s) allowed

Satish Ukey filed a criminal complaint under Section 125-A of the Representation of the People Act, 1951 alleging that MLA Devendra Fadnavis concealed two criminal cases in his Form‑26 affidavit, where cognizance had been taken by the courts. The trial court dismissed the complaint, a Sessions Court …

NITIN BANDOPANT SALAGREversusTHE STATE ELECTION COMMISSION & ANR.

2019 INSC 859Appeal(s) allowed

In the 2017 municipal elections for Ward 76 of the Bombay Municipal Corporation, the elected councillor was later disqualified after her caste certificate was invalidated. This created a casual vacancy. The appellant, who had secured the second‑highest number of votes, claimed he should be deemed …

EDAPADDI K. PALANISWAMIversusDHINAKARAN & ORS.

[2019] 3 S.C.R. 200Disposed off

The Supreme Court considered a miscellaneous application filed by T.T.V. Dhinakaran (respondent No.1) seeking directions to use a common symbol and name for his faction in upcoming elections, while a writ petition challenging the Election Commission's (ECI) decision on the AIADMK party split …

PATEL AHMED MOHAMMADversusBALWANT SINGH RAJPUT & ORS.

2018 INSC 887Leave Granted & Disposed off

Patel Ahmed Mohammad, a Rajya Sabha member, was challenged by Balwant Singh Rajput in an election petition alleging corrupt practices and vote irregularities. The appellant filed three applications for dismissal of the petition: (i) on the basis that office objections under Gujarat High Court Rules …

PUBLIC INTEREST FOUNDATION & ORS.versusUNION OF INDIA & ANR.

2018 INSC 862Disposed off

The Supreme Court examined whether it could compel Parliament to enact a law disqualifying candidates against whom serious criminal charges have been framed and whether it could direct the Election Commission to deny such candidates the use of a party's reserved symbol. The Court held that …

SUMAN DEVIversusMANISHA DEVI AND ORS.

2018 INSC 730Appeal(s) allowed

The appellant was declared elected as Ward Councilor on 28 January 2016. The first respondent filed an election petition under Section 176 of the Haryana Panchayati Raj Act on 10 February 2016, withdrew it on 1 March 2016 and was given liberty to file a fresh petition, which she did on 2 March …

PRAMOD LAXMAN GUDADHEversusELECTION COMMISSION OF INDIA AND ORS.

2018 INSC 464Dismissed

Petitioner Pramod Laxman Gudadhe filed a PIL challenging the Election Commission's decision to hold a bye‑election after the resignation of the Lok Sabha member from Bhandara‑Gondiya constituency. He argued that the remaining term would be less than one year, making the election futile and an undue …

DHEERAJ MORversusHON’BLE HIGH COURT OF DELHI

2018 INSC 46

The petitioners challenged the interpretation of Article 233 of the Constitution concerning the eligibility criteria for appointment of District Judges by direct recruitment. They argued that a candidate who has completed seven years of practice as an advocate should remain eligible even if he/she …

KAMENG DOLOversusATUMWELLY

2017 INSC 461Dismissed

Kameng Dolo was elected unopposed to the Arunachal Pradesh Legislative Assembly after the other candidate, Atum Welly, allegedly withdrew his candidature. The High Court held that the withdrawal notice did not comply with the requirements of Section 37 of the Representation of the People Act, 1951 …

NATIONAL SECURITIES DEPOSITORY LTD.versusSECURITIES AND EXCHANGE BOARD OF INDIA

2017 INSC 206Disposed off

The Securities and Exchange Board of India (SEBI) issued an administrative circular under Section 11(1) of the SEBI Act to curb dematerialisation charges. National Securities Depository Ltd. (NSDL) challenged the circular, arguing that it could not be appealed before the Securities Appellate …

KULDEEP SINGH PATHANIAversusBIKRAM SINGH JARYAL

2017 INSC 73Appeal(s) allowed

Kuldeep Singh Pathania, who lost a 2012 Himachal Pradesh Legislative Assembly election, filed an election petition under Section 100(1)(d)(iii) of the Representation of the People Act, 1951 alleging irregularities in voting and postal ballots. The Himachal Pradesh High Court dismissed the petition …

ABHIRAM SINGHversusC.D. COMMACHEN (DEAD) BY LRS. & ORS.

2017 INSC 3

The Supreme Court was asked to interpret Section 123(3) of the Representation of the People Act, 1951, specifically the meaning of the pronoun "his" and whether the provision bars appeals based on religion, race, caste, community or language of the candidate, rival candidate, or the voter. The …

NAVJOT SINGH SIDHUversusOM PARKASH SONI & ORS.

2016 INSC 990Case Partly allowed

The 2009 Lok Sabha election for Amritsar was challenged in an election petition alleging three categories of corrupt practice: excess election expenditure on newspaper advertisements, excessive spending on public meetings, and assistance from a gazetted officer, along with a grievance about the …

VIKAS YADAVversusSTATE OF U.P. AND ORS. ETC. ETC.

2016 INSC 943Disposed off

The appellants Vikas Yadav, Vishal Yadav and Sukhdev Yadav were convicted of murder, kidnapping and related offences (IPC ss.302, 364, 34, 201) and sentenced to life imprisonment with additional fixed‑term sentences. The State appealed for enhancement of the life sentence to death; the High Court …

AJAY ARJUN SINGHversusSHARADENDU TIWARI & OTHERS

2016 INSC 1194Case Partly allowed

The appellant, a returned MLA, challenged an election petition alleging corrupt practices and excess expenditure under the Representation of the People Act, 1951. He filed an application under Order VI Rule 16 of the CPC seeking to strike out several paragraphs of the petition as frivolous, …

NIDHI KAIMversusSTATE OF MADHYA PRADESH & OTHERS ETC.

2017 INSC 131Directions issued

The appellants, who had secured admission to medical colleges in Madhya Pradesh through the Pre‑Medical Entrance Test (PMT), challenged the cancellation of their results and admissions on the grounds that the Vyapam Board was not validly constituted under the Madhya Pradesh Professional Examination …

MOHAMMAD SADIQUEversusDARBARA SINGH GURU

2016 INSC 355Appeal(s) allowed

In the 2012 Punjab Legislative Assembly election, Mohammad Sadique was elected from the Bhadaur constituency, which is reserved for Scheduled Castes (SC). The election petitioner, Darbara Singh Guru, challenged Sadique's election on the ground that Sadique, being born to Muslim parents, could not …

AJAY ARJUN SLNGHversusSHARADENDU TIWARI & OTHERS

2016 INSC 264Disposed off

The case concerned an election petition filed by Sharadendu Tiwari challenging the election of Ajay Arjun Singh. The dispute centered on whether the petition was accompanied by an affidavit in the statutory Form 25 as required by the proviso to Section 83(1)(c) of the Representation of the People …

RAJBALA & OTHERSversusSTATE OF HARYANA & OTHERS

2015 INSC 912Dismissed

The petitioners challenged four new disqualification clauses (t, u, v, w) inserted in Section 175(1) of the Haryana Panchayati Raj Act, 1994, arguing that they violated Article 14 by creating unreasonable classifications and that the right to vote and the right to contest elections are fundamental …

PUKHREM SHARATCHANDRA SINGHversusMAIREMBAM PRITHVIRAJ@ PRITHIBIRAJ SINGH

2015 INSC 726Disposed off

The appellant, Pukhrem Sharatchandra Singh, filed an election petition challenging the 2012 election of the respondent, Mairembam Prithviraj, on grounds of a forged affidavit and procedural irregularities. The respondent delayed filing his written statement for two years and repeatedly sought …

ELECTION COMMISSION OF INDIAversusBAJRANG BAHADUR SINGH & ORS.

2015 INSC 305Dismissed

Bajrang Bahadur Singh was elected to the Uttar Pradesh Legislative Assembly in 2012 and subsequently entered into four contracts with the State. The Governor, under Article 192, declared Singh disqualified under Section 9A of the Representation of the People Act, 1951, causing his seat to be …

ANVAR P.V.versusP.K. BASHEER AND ORS.

2014 INSC 645Dismissed

The Supreme Court examined an election petition challenging the election of P.K. Basheer on the ground that a leaflet (Exhibit‑P1) and various audio‑visual recordings were published to malign the petitioner, Anvar P.V., constituting a corrupt practice under the Representation of the People Act, …

C. P. JOHNversusBABU M. PALISSERY & ORS.

2014 INSC 625Dismissed

C.P. John, a losing candidate, filed an election petition challenging the election of Babu M. Palissery on grounds of bribery, false pamphlet distribution and alleged suppression of criminal convictions. The High Court dismissed the petition, holding it lacked material facts and was non‑compliant …

ASHRAF KOKKURversusK.V. ABDUL KHADER ETC.

2014 INSC 575Appeal(s) allowed

The respondent, K.V. Abdul Khader, was Chairperson of the Kerala State Wakf Board and was elected to the Kerala Legislative Assembly. The appellant, Ashraf Kokkurr, filed an election petition alleging that the respondent was disqualified under Article 191(1)(a) of the Constitution because he held an …

MANOJ NARULAversusUNION OF INDIA

2014 INSC 568Disposed off

The petition challenged the appointment of several Union Ministers on the ground that they had criminal antecedents or were facing charges for serious offences, seeking a declaration that such appointments were unconstitutional and requesting the Court to frame guidelines for ministerial …

KISAN SHANKAR KATHOREversusARUN DATTATRAY SAWANT & ORS

2014 INSC 384Dismissed

Kisan Shankar Kathore was elected to the Maharashtra Legislative Assembly, but a voter filed an election petition under RPA s.100(1)(d)(i) and (iv) alleging that Kathore’s nomination was improperly accepted because he failed to disclose government dues, his wife’s bungalow and vehicle, and his …

ASHOK SHANKARRAO CHAVANversusDR. MADHAVRAO KINHALKAR & ORS.

2014 INSC 970Dismissed

The Supreme Court considered three appeals challenging orders of the Election Commission that disqualified elected candidates under Section 1OA of the Representation of the People Act, 1951 for allegedly failing to lodge true and correct accounts of election expenses. The Court examined the …

ARIKALA NARASA REDDYversusVENKATA RAM REDDY REDDYGARI & ANR.

2014 INSC 76Disposed off

The 2009 Legislative Council election for Nizamabad saw a narrow result, leading the defeated candidate to file an election petition alleging wrongful rejection of three votes and wrongful acceptance of one vote. The appellant, who had been declared elected, filed a recrimination petition under …

DR. SUBRAMANIAN SWAMYversusELECTION COMMISSION OF INDIA

2013 INSC 699Disposed off

Dr. Subramanian Swamy filed a writ petition under Article 32 seeking a mandamus directing the Election Commission of India (ECI) to incorporate a voter‑verifiable paper audit trail (VVPAT) in electronic voting machines (EVMs) to allow voters to confirm their votes. The High Court dismissed the …

PEOPLE'S UNION FOR CIVIL LIBERTIES & ANR.versusUNION OF INDIA & ANR.

2013 INSC 655Disposed off

The Supreme Court entertained a writ petition filed by People's Union for Civil Liberties and others challenging Rules 41(2), 41(3) and 49‑0 of the Conduct of Election Rules, 1961, which required a presiding officer to record a remark and obtain the voter’s signature/thumb impression when the voter …

RESURGENCE INDIAversusELECTION COMMISSION OF INDIA & ANR.

2013 INSC 617Disposed off

Resurgence India, an NGO, observed that many candidates in the 2007 Punjab Legislative Assembly elections filed affidavits with blank entries for criminal, asset and educational details, violating the spirit of the Representation of the People Act, 1951. The petition sought a direction that …

DEVENDRA PATELversusRAM PAL SINGH & ORS.

2013 INSC 592

The appellant challenged the rejection of Jaswant Singh's nomination, arguing that despite being disqualified, he should be treated as a 'candidate' under Section 79(b) of the Representation of the People Act, 1951 and thus be joined as a respondent under Section 82(b) of the same Act in an election …

LILY THOMASversusUNION OF INDIA & ORS.

2013 INSC 456Case Allowed

The Supreme Court examined whether Parliament had the constitutional authority to enact sub‑section (4) of Section 8 of the Representation of the People Act, 1951, which postpones the operation of disqualification for sitting members of Parliament or State Legislatures pending an appeal. The Court …

THE CHIEF ELECTION COMMISSIONER ETC.versusJAN CHAUKIDAR (PEOPLES WATCH) & ORS

2013 INSC 457Dismissed

The petitioners challenged the view that a person confined in prison or in police custody, who is barred from voting under sub‑section (5) of Section 62 of the Representation of the People Act, 1951, is not an elector and therefore cannot contest elections. The High Court held that such a person …

S. SUBRAMANIAM BALAJIversusTHE GOVERNMENT OF TAMIL NADU & ORS.

2013 INSC 444Dismissed

The appellant challenged the Tamil Nadu government's distribution of free colour television sets, laptops, mixers, and other welfare items promised in the Dravida Munnetra Kazhagam (DMK) election manifesto, alleging that the expenditure was unauthorized, violated Article 14 and amounted to a corrupt …

MARKIO TADOversusTAKAM SORANG

2013 INSC 338Appeal(s) allowed

In the Arunachal Pradesh Legislative Assembly election of 2009, Markio Tado was declared elected over Takam Sorang. Sorang filed an election petition alleging booth capturing, and later sought forensic examination of voters' counterfoils (Form 17A) to prove impersonation and double voting. The …

BUDH SINGHversusSTATE OF HARYANA AND ANR.

2013 INSC 144Dismissed

Budh Singh was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to ten years of rigorous imprisonment. He filed a writ petition under Article 32 challenging the constitutional validity of Section 32A of the NDPS Act, which bars any remission of …

G.M. SIDDESHWARversusPRASANNA KUMAR

2013 INSC 142Dismissed

The case concerned an election petition challenging the 2009 Lok Sabha election of G.M. Siddeshwar, wherein the petitioner Prasanna Kumar alleged corrupt practices. The petitioner filed an affidavit in the form prescribed by Rule 94‑A (Form No.25) but the affidavit was not in exact format and the …

AJAY MAKENversusADESH KUMAR GUPTA & ANR.

2012 INSC 577Disposed off

The Delhi High Court dismissed an election petition challenging the 2009 Lok Sabha election of Ajay Maken on grounds of alleged corrupt practices. The appellant argued that the petition should be thrown out for (i) the copy served on him not being a true copy under Section 81(3) of the …

PONNALA LAKSHMALAHversusKOMMURI PRATAP REDDY & ORS.

2012 INSC 274Dismissed

The appellant, a returned candidate, appealed a High Court order that refused to dismiss an election petition filed by the respondent alleging irregularities in vote counting. The Supreme Court examined whether the petition disclosed a cause of action and could be struck out at the threshold, and …

ISHWARDAS ROHANIversusALOK MISHRA & ORS.

2012 INSC 198Matter referred to larger bench

The appellant, a returned candidate, challenged an election petition filed by the respondent alleging corrupt practices under Sections 123 of the Representation of the People Act, 1951. The High Court, despite noting deficiencies in the petition, directed the respondent to amend the pleadings and …

P.A. MOHAMMED RIYASversusM.K. RAGHAVAN & ORS.

2012 INSC 192Dismissed

The appellant, P.A. Mohammed Riyas, contested the 2009 Lok Sabha election from Kozhikode and filed an election petition alleging that the respondent, M.K. Raghavan, committed corrupt practice by publishing false statements, invoking Sections 81, 100, 101 and 123 of the Representation of the People …

DESIYA MURPOKKU DRAVIDA KAZHAGAM & ANR.versusTHE ELECTION COMMISSION OF INDIA

2012 INSC 176Dismissed

The petitioners, including Desiya Murpokku Dravida Kazhagam, challenged the constitutional validity of the 2000 amendment to the Election Symbols (Reservation and Allotment) Order, 1968, which required a political party to secure at least 6% of the state's valid votes and win at least two …

CHAUGULEversusBHAGWAT

2012 INSC 162Appeal(s) allowed

The appellant was elected to the Maharashtra Legislative Assembly. An independent candidate, Y, filed an election petition challenging the rejection of his nomination paper, but later withdrew the petition. Within fourteen days, Bhagwat, who had not contested the election, applied under Section …

JITU PATNAIKversusSANATAN MOHAKUD & ORS.

2012 INSC 123Appeal(s) allowed

In the 25‑Champua Assembly constituency, an independent candidate died after the withdrawal deadline but before polling, yet his name remained on the Electronic Voting Machine (EVM) and he received 550 votes. The election petitioner alleged that, had the deceased candidate’s name been masked, those …

KAPIL MUNI KARWARIYAversusCHANDRA NARAIN TRIPATHI

2012 INSC 92Dismissed

In the 51‑Phulpur Lok Sabha election, Kapil Muni Karwaria was declared elected after the Returning Officer rejected Chandra Narain Tripathi's nomination for lacking the required ten proposers under Section 33 of the Representation of the People Act, 1951, because the second proposer, Pramod Kumar, …

MARKIO TADOversusTAKAM SORANG & ORS.

2012 INSC 70Appeal(s) allowed

The appellant, Markio Tado, was elected to the Arunachal Pradesh Legislative Assembly and the respondent, Takam Sorang, filed an election petition alleging booth capturing. During the trial the respondent sought, via two interlocutory applications, production of voters' counterfoils (Form 17A) from …

MANGANI LAL MANDALversusBISHNU DEO BHANDARI

2012 INSC 64Appeal(s) allowed

The voter Bishnu Deo Bhandari filed an election petition challenging the Lok Sabha election of Mangani Lal Mandal on the ground that Mandal had omitted information about his first wife, dependent children and their assets in the affidavit filed with his nomination papers. The Patna High Court set …

JEEVAN CHANDRABHAN IDNANI & ANR.versusDIVISIONAL COMMISSIONER, KONKAN BHAVAN & ORS.

2012 INSC 56Appeal(s) allowed

The case concerned the formation of a post‑poll "aghadi" (front) by councillors of the Ulhasnagar Municipal Corporation after municipal elections. The petitioners argued that the second proviso to sub‑section (2) of Section 31A of the Bombay Provincial Municipal Corporation Act, 1949 allows the …

NANDIESHA REDDYversusMRS. KAVITHA MAHESH

2011 INSC 480Dismissed

In the 2008 Karnataka Assembly election, the returned candidate Nandiesha Reddy's election was challenged by Kavitha Mahesh, who alleged that her nomination paper, signed by ten electors, was illegally rejected by the Returning Officer. The petitioner filed an election petition and the returned …

KODIKUNNIL SURESH @ J. MONIANversusN.S. SAJI KUMAR, ETC. ETC.

2011 INSC 390Appeal(s) allowed

Kodikkunnil Suresh was elected from the Mavelikkara Lok Sabha seat reserved for Scheduled Castes. His election was challenged on the ground that he was a Christian and therefore not a member of any Scheduled Caste under the Constitution (Scheduled Castes) Order, 1950. The High Court declared his …

P.H. PAUL MANOJ PANDIANversusMR. P. VELDURAI

2011 INSC 295Appeal(s) allowed

The appellant challenged the election of the respondent on the ground that the respondent had subsisting government contracts at the time of filing his nomination papers, which under Section 9A of the Representation of the People Act, 1951 renders a candidate disqualified. The dispute turned on the …

DESIYA MURPOKKU DRAVIDA KAZHAGAM AND ANR.versusTHE ELECTION COMMISSION OF INDIA

2011 INSC 212Hearing Adjourned

The Supreme Court examined eleven writ petitions and three special leave petitions filed by registered unrecognised political parties seeking a common election symbol for the upcoming Tamil Nadu Assembly elections. The parties challenged several provisions of the Election Symbols (Reservation and …

KALYAN SINGH CHOUHANversusC.P. JOSHI

2011 INSC 66Dismissed

The appellant Kalyan Singh Chouhan, declared elected by a margin of one vote in the Rajasthan Legislative Assembly election, challenged the High Court's order rejecting his application to summon all ten tendered votes, arguing that the entire set should be examined to prevent miscarriage of justice. …

KALYAN KUMAR GOGOIversusASHUTOSH AGNIHOTRI AND ANOTHER

2011 INSC 57Dismissed

In the 2006 Assam Legislative Assembly election, polling station No.124 was initially set up at a non‑notified school and later shifted to the notified venue. The defeated candidate, Kalyan Kumar Gogoi, alleged that this change caused chaos, preventing 200‑300 voters from casting their votes and …

KEDAR SHASHIKANT DESHPANDE ETC. ETC.versusBHOR MUNICIPAL COUNCIL AND ORS. ETC. ETC.

2010 INSC 871Dismissed

The appellants were elected as councillors of Bhor Municipal Council on the ticket of the NCP, later left the party and formed a new political front. Respondents filed a disqualification petition under the Maharashtra Local Authority Members Disqualification Act, 1986, alleging that the appellants …

ELECTION COMMISSION OF INDIAversusTELANGANA RASTRA SAMITHI & ANR.

2010 INSC 862Disposed off

The Election Commission of India withheld bye‑elections in the Vemulawada and Sircilla Assembly constituencies because an election petition challenging the previous election was pending. The petitioners challenged this decision before the Supreme Court, which examined the interpretation of Section …

ELECTION COMMISSION OF INDIAversusTELEANGANA RASTRA SAMITHI & ANR.

2010 INSC 848Appeal(s) allowed

Twelve members of the Andhra Pradesh Legislative Assembly resigned to press for a separate Telangana state, creating twelve casual vacancies. The Election Commission of India (ECI) announced bye‑elections for ten clear vacancies but withheld elections for two constituencies where election petitions …

JOSEPH M. PUTHUSSERYversusT.S. JOHN & ORS.

2010 INSC 841Appeal(s) allowed

The appellant, Joseph M. Puthussery, was elected to the Kerala Legislative Assembly in 2001. Respondent T.S. John filed an election petition alleging that the appellant committed a corrupt practice under s.123(4) of the Representation of the People Act by distributing a pamphlet (Ext. X4) containing …

GOVIND SINGHversusHARCHAND KAUR

2010 INSC 798Appeal(s) allowed

Govind Singh, a former Social Security Minister, resigned on 12 January 2002 and filed his nomination as an independent candidate on 23 January 2002. He was elected MLA from the Sherpur (SC) constituency on 13 February 2002. The defeated candidate, Harchand Kaur, filed an election petition alleging …

M. CHANDRAversusM. THANGAMUTHU & ANR.

2010 INSC 578Appeal(s) allowed

The appellant, M. Chandra, was elected from a Tamil Nadu assembly seat reserved for Scheduled Castes, but the election petitioner challenged her eligibility on the ground that she was a Christian and not a member of the Hindu Pallan Scheduled Caste. The High Court shifted the burden of proof onto …

SUSHIL KUMAR SINGHALversusTHE REGIONAL MANAGER, PUNJAB NATIONAL BANK

2010 INSC 493Dismissed

The appellant, a peon of Punjab National Bank, was convicted under Section 409 IPC for embezzling Rs 5,000 and was dismissed from service. While his criminal appeal upheld the conviction, the appellate court released him on probation under the Probation of Offenders Act, 1958. The bank dismissed him …

MD. ALAUDDIN KHANversusKARAM THAMARJIT SINGH

2010 INSC 418Matter referred to larger bench

The election for the 9th Manipur Legislative Assembly was won by MD Alauddin Khan by a margin of two votes over Karam Thamarjit Singh, who filed an election petition under Section 100(1)(d)(iii) alleging impersonation of dead voters in certain polling stations and seeking a recount and declaration …

PRADIP BURAGOHAINversusPRANATI PHUKAN

2010 INSC 370Dismissed

The appellant, Pradip Buragohain, challenged the election of Pranati Phukan to the Assam Legislative Assembly on the ground that she committed seven acts of corrupt practice, chiefly bribery of Rs.500 per voter and organizing a feast on polling day. The High Court dismissed the election petition, …

K.K. RAMACHANDRAN MASTERversusM.V. SREYAMAKUMAR & ORS.

2010 INSC 358Appeal(s) allowed

The appellant, K.K. Ramachandran Master, filed an election petition under the Representation of the People Act, 1951 challenging the election of M.V. Sreyam Kumar on grounds of corrupt practices alleged under Sections 123(4), 123(5) and 123(6). The High Court dismissed the petition, holding that it …

DR. K. KRISHNA MURTHY & ORS.versusUNION OF INDIA & ANR.

2010 INSC 307Disposed off

The petitioners challenged the constitutional validity of Articles 243‑O(4), 243‑O(6), 243‑T(4) and 243‑T(6) inserted by the 73rd and 74th Amendments, arguing that reservations of chairperson posts and of seats for backward classes in Panchayats and Municipalities violated equality, democracy and …

KUNGA NIMA LEPCHA & ORS.versusSTATE OF SIKKIM & ORS.

2010 INSC 166Dismissed

Four members of a political party filed a public‑interest writ petition under Article 32 of the Constitution alleging that the Chief Minister of Sikkim had amassed assets disproportionate to his known income and misappropriated public funds. They sought a mandamus directing the Central Bureau of …

TUKARAM S. DIGHOLEversusMANIKRAO SHIVAJI KOKATE

2010 INSC 81Dismissed

Tukaram S. Digole, who lost a Lok Sabha election, filed an election petition alleging that Manikrao Shivaji Kokate had made communal appeals in violation of Section 123(3) of the Representation of the People Act, 1951. Digole sought to prove the allegation by producing a VHS cassette he claimed was …

LAXMI KANT BAJPAIversusHAZI YAQOOB & ORS.

2009 INSC 1310Dismissed

The appellant, Laxmi Kant Bajpai, challenged the election of Hazi Yaqoob to the Uttar Pradesh Legislative Assembly on the ground that votes from 21 localities, allegedly outside the delimitation order, were improperly included in the electoral roll, violating Sections 100(1)(d)(iii) and (iv) of the …

UDEY CHANDversusSURAT SINGH AND ANR.

2009 INSC 1182Appeal(s) allowed

The appellant, Udey Chand, was declared Sarpanch of a Gram Panchayat by a margin of four votes. The election petitioner, Surat Singh, filed an election petition under Section 176(4)(b) of the Haryana Panchayati Raj Act, 1994, seeking a recount of votes alleging irregularities in counting and …

RAM SUKHversusDINESH AGGARWAL

2009 INSC 1160Dismissed

Ram Sukh, a losing candidate in the 2007 Uttarakhand Legislative Assembly election, filed an election petition challenging the election of Dinesh Aggarwal on grounds of alleged corrupt practices and procedural lapses by the Returning Officer. The High Court dismissed the petition at the preliminary …

P.C. THOMASversusP.M. ISMAIL & ORS.

2009 INSC 1109Dismissed

In the 2004 Lok Sabha election for Muvattupuzha, P.C. Thomas was declared elected by a narrow margin. The election petitioner, P.M. Ismail, challenged the result alleging that Thomas had committed corrupt practices under Sections 123(3) and 123(5) of the Representation of the People Act, 1951 by …

CONSUMER EDUCATION & RESEARCH SOCIETYversusUNION OF INDIA & ORS.

2009 INSC 1065Dismissed

The Consumer Education & Research Society filed writ petitions under Article 32 challenging the Parliament (Prevention of Disqualification) Amendment Act, 2006, which retrospectively added 55 offices of profit to the exempted list under the Parliament (Prevention of Disqualification) Act, 1959. The …

ANIL VASUDEV SALGAONKARversusNARESH KUSHALI SHIGAONKAR

2009 INSC 1057Appeal(s) allowed

The appellant, a returned candidate, challenged the High Court's order that upheld an election petition filed by the respondent alleging corrupt practices. The petition claimed the appellant had constructed bore wells and provided ambulances after the election notification, allegedly exceeding the …

G.V. SREERAMA REDDY AND ANR.versusRETURNING OFFICER AND ORS.

2009 INSC 1041Disposed off

In the 2008 Bagepalli Legislative Assembly election, the CPM candidate G.V. Sreerama Reddy (appellant) lost after a recount and filed an election petition under Section 81 of the Representation of the People Act, 1951. The petition was filed by his advocate without the petitioner’s personal …

UTIAMRAO SHIVDAS JANKARversusRANJITSINH VIJAYSINH MOHITE-PATIL

2009 INSC 831Appeal(s) allowed

The appellant's nomination paper for the Maharashtra Legislative Council election was rejected by the Returning Officer on the ground that two proposers' signatures were forged. The appellant challenged the rejection in an election petition, alleging that the Returning Officer had erred in his …

SANJAY DUTTversusSTATE OF MAHARASHTRA TR. CBI, BOMBAY

2009 INSC 425Dismissed

The petitioner, a well‑known cine artist, was convicted by a Special Judge under Sections 3 and 7 read with Sections 25(1A) and 25(1B) of the Arms Act and sentenced to six years’ rigorous imprisonment. While his appeal against the conviction was pending before the Supreme Court, he sought bail and …

G.S. IQBALversusK.M. KHADAR & ORS.

2009 INSC 368Dismissed

The petitioner, G.S. Iqbal, challenged the election of K.M. Khader (the returned candidate) to the Lok Sabha on the grounds that the returned candidate was a member of two political parties at the time of filing his nomination, thereby violating Section 100(1)(d)(i) and (iv) of the Representation of …

M. J. JACOBversusA. NARAYANAN & ORS.

2009 INSC 339Appeal(s) allowed

The Kerala High Court set aside M.J. Jacob's election on the ground that a pamphlet published on his behalf contained a false statement that was held to be about the personal character of his rival, T.M. Jacob, constituting a corrupt practice under Section 123(4) of the Representation of the People …

PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANOTHERversusUNION OF INDIA AND ANOTHER

2009 INSC 238Matter referred to larger bench

The petitioners sought to strike down Rules 41(2) and 49‑0 of the Conduct of Election Rules, 1961 and to direct the Election Commission to provide for negative voting and its secrecy in ballot papers and EVMs. The Court examined the constitutional status of the right to vote, the concept of negative …

SUBRAMANIAN SWAMYversusELECTION COMMISSION OF INDIA THROUGH ITS SECRETARY

2008 INSC 1077Dismissed

Subramanian Swamy, as president of the de‑recognised Janata Party, challenged Clause 10A of the Election Symbols (Reservation and Allotment) Order, 1968, which allows a six‑year grace period for a party that loses its recognised status to retain its exclusive symbol. He argued that the provision was …

SUDARSHA AVASTHIversusSHIV PAL SINGH

2008 INSC 701Dismissed

The appellant, Sudarsha Avasthi, filed Election Petition No. 3 of 2002 challenging the election of Shiv Pal Singh to the Uttar Pradesh Legislative Council on alleged corrupt practices, including bribery to his brother and other candidates and undue influence on the Assistant Returning Officer. The …

V.A. SHABEERversusP.A. NIAMATHULLA

2008 INSC 474Case Allowed

In the 2005 Alangad Block Panchayat election, V.A. Shabeer was declared elected from Ward No.2. The defeated candidate, P.A. Niamathulla, challenged the election alleging that the nomination papers were not delivered to a duly authorized officer and that Shabeer had not taken the required oath …

UMESH CHALLIYILversusK.P. RAJENDRAN

2008 INSC 258Case Allowed

Umesh Challiyil filed an election petition under the Representation of the People Act, 1951 alleging corrupt practices by the elected candidate K.P. Rajendran. The Kerala High Court dismissed the petition on preliminary objections, holding that the verification in the petition and the affirmation in …

NATIONAL INSURANCE CO. LTD.versusDEEPA DEVI AND ORS.

2007 INSC 1257Appeal(s) allowed

During the 1993 Assembly elections, a Maruti Gypsy owned by Respondent No.3 and insured by National Insurance Co. Ltd. was requisitioned by the Sub‑Divisional Magistrate under the Representation of the People Act. While the magistrate was travelling in the vehicle, it met with an accident that …

ELECTION COMMISSION OF INDIAversusST. MARYS SCHOOL AND ORS.

2007 INSC 1241Dismissed

The petitioners, an unaided school governed by the Delhi School Education Act, challenged the Election Commission’s practice of deploying teachers from government schools for election‑related duties during school hours, alleging that it disrupted education and violated the right to education. The …

DESHRAJversusBODHRAJ

2007 INSC 1212

In the 2003 Himachal Pradesh Legislative Assembly election for the SC‑reserved 35‑Gangath constituency, the respondent Bodh Raj was declared elected, claiming membership of the Scheduled Caste Lohar and supporting it with a caste certificate issued by an Executive Magistrate. The appellant Deshraj …

POTHULA RAMA RAOversusPENDYALA VENKATA KRISHNA RAO AND ORS.

2007 INSC 804Dismissed

The appellant, a voter, filed an election petition seeking to declare the election of the first respondent, a legislator, void on four grounds: improper rejection of a dummy candidate’s nomination, acceptance of the respondent’s nomination despite a double entry in the electoral roll, acceptance of …

LALSAI KHUNTEversusNIRMAL SINHA AND ORS.

2007 INSC 220Dismissed

Lal Saij Khunte was elected to the Chhattisgarh Legislative Assembly but his election was challenged on the ground that he had been convicted under IPC sections 420, 34 and 468 and sentenced to two years' rigorous imprisonment, which under Section 8(3) of the Representation of the People Act, 1951 …

NAVJOT SINGH SIDHUversusSTATE OF PUNJAB AND ANR.

2007 INSC 68Case Allowed

Navjot Singh Sidhu, a sitting Member of Parliament, was convicted by the Punjab High Court under Section 304 Part II IPC and sentenced to three years' rigorous imprisonment. He resigned from the Lok Sabha and sought a fresh mandate, filing an application to suspend the order of conviction, arguing …

RAJA RAM PALversusTHE HONBLE SPEAKER, LOK SABHA & ORS.

2007 INSC 22Dismissed

Members of Parliament were expelled from the Lok Sabha and Rajya Sabha after television sting operations ('cash for query') showed them accepting money for raising questions in Parliament. Inquiry Committees were constituted by each House, reports were tabled, and motions were adopted expelling the …

YOUARAJ RAIversusCHANDER BAHADUR KARKI

2006 INSC 1019Dismissed

The Supreme Court examined three election petitions filed in the High Court of Sikkim challenging unopposed elections to the Sikkim Legislative Assembly where the returned candidates were declared elected on 26 April 2004. The petitioners argued that the 45‑day limitation under Section 81 of the …

VIRENDER NATH GAUTAMversusSATPAL SINGH AND ORS.

2006 INSC 978Appeal(s) allowed

The appellant, a defeated candidate in a Himachal Pradesh Legislative Assembly election, filed an election petition alleging several irregularities including votes cast by dead persons, double voting, voting in multiple constituencies, and double postal ballots, which he claimed materially affected …

SATHI VIJAY KUMARversusTOTA SINGH AND ORS.

2006 INSC 972Disposed off

Sathi Vijay Kumar, a losing candidate in the 2002 Punjab Assembly election, filed an election petition alleging that the returned candidate, Tota Singh, had committed corrupt practices, including the wrongful deletion of 586 voters' names and the assistance of a gazetted officer. The High Court …

RAVIKANT S. PATILversusSARVABHOUMA S. BAGALI

2006 INSC 843Appeal(s) allowed

The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that …

NAYINI NARASIMHA REDDYversusDR. K. LAXMAN AND ORS.

2006 INSC 295Dismissed

In the 2004 Musheerabad Assembly election, the appellant N. Narasimha Reddy lost by 240 votes and the respondent Dr. K. Laxman filed an election petition challenging the result. The petition sought summons of several voters as witnesses, alleging that their testimony was essential to prove that the …

SHRIKANTversusVASANTRAO AND ORS.

2006 INSC 37Appeal(s) allowed

The appellant, Shrikant, was elected to the Maharashtra Legislative Council but his election was challenged on the ground that he held subsisting government contracts, which under Section 9A of the Representation of the People Act, 1951, would disqualify him. The contracts involved work for the …

HARKIRAT SINGHversusAMARINDER SINGH

2005 INSC 621Appeal(s) allowed

The appellant, an elector from Patiala Town, filed an election petition under Section 81 of the Representation of the People Act, 1951, alleging that the respondent, Amarinder Singh, committed corrupt practices by using a Class‑I gazetted officer and a police superintendent to further his election …

MEERA KANWARIAversusSUNITA AND ORS.

2005 INSC 605Appeal(s) allowed

The first respondent, a Rajput woman, married a Scheduled Caste man and fraudulently obtained a Scheduled Caste certificate by birth, which was later cancelled. She contested a Delhi municipal corporation election for a seat reserved for Scheduled Caste women and was declared elected. The appellant, …

SATRUCHARLA VIJAYA RAMA RAJUversusNIMMAKA JAYA RAJU AND ORS.

2005 INSC 532Dismissed

The appellant, elected from the Naguru (ST) constituency in 1999, was challenged under Section 80 of the Representation of the People Act on the ground that he did not belong to the "Konda Dora" Scheduled Tribe but was a Kshatriya. The appellant argued that an earlier election petition (E.P. 13 of …

RAMESHWAR PRASAD AND ORS.versusUNION OF INDIA AND ANR.

2005 INSC 491

The Supreme Court examined writ petitions challenging the Governor's proclamation dated 23 May 2005 that dissolved the Bihar Legislative Assembly after the state had been placed under President's Rule on 7 March 2005. The petitions argued that the dissolution was unconstitutional because the …

RAM BHUALversusAMBIKA SINGH

2005 INSC 455Dismissed

In the 2002 Uttar Pradesh Legislative Assembly election, Ram Bhual was declared elected. Defeated candidate Ambika Singh filed an election petition under Section 100(1)(c) of the Representation of the People Act, 1951, alleging that the Returning Officer had wrongly rejected the nomination of …

ANIL BALUNIversusSURENDRA SINGH NEGI

2005 INSC 294Appeal(s) allowed

The Election Commission notified elections for the Uttaranchal Legislative Assembly and the appellant, Anil Baluni, filed four sets of nomination papers on 22 January 2002 along with Forms A and B of the Election Symbols (Reservation and Allotment) Order, 1968. The Returning Officer later rejected …

HARMOHINDER SINGH PRADHANversusRANJEET SINGH TALWANDI AND ORS.

2005 INSC 235Dismissed

The appellant challenged the election of Ranjit Singh Talwandi, alleging that religious leaders had appealed to voters to support him, which was claimed to be a corrupt practice under Section 123(3) of the Representation of People Act, 1951. The Supreme Court examined whether such an appeal, made by …

KAILASHversusNANHKU AND ORS.

2005 INSC 186Appeal(s) allowed

The appellant, Kailash, elected to the Uttar Pradesh Legislative Council, challenged a High Court order that refused to accept his written statement filed after the 90‑day limit prescribed by Order VIII, Rule I of the CPC. The Supreme Court examined when the trial of an election petition begins, …

RAJ KUMAR YADAVversusSAMIR KUMAR MAHASETH AND ORS

2005 INSC 130Appeal(s) allowed

An election petition was presented to the designated election judge of the Patna High Court at 4:25 pm on the last day of the 45‑day limitation period, after the judge had retired from open court but was still in chambers. The judge refused to accept the petition, citing High Court Rules that …

BOLIN CHETIAversusJOGADISH BHUYAN AND ORS.

2005 INSC 136

Bolin Chetia, a losing candidate in the Assam Legislative Assembly election, appealed to the Supreme Court under Section 116A of the Representation of the People Act, 1951 after his election petition was dismissed by the High Court. The Court considered whether a statutory first appeal of right must …

SOBHA HYMAVATHI DEVIversusSETTI GANGADHARA SWAMY AND ORS.

2005 INSC 51Dismissed

The Supreme Court upheld the Andhra Pradesh High Court's decision that Sobha Hyma Vathi Devi, elected from a Scheduled Tribe (ST) reserved assembly constituency, was ineligible because she belonged to the forward Patnaik Sistu Karnam caste, not the Bhagatha ST community. The Court affirmed that the …

K. PRABHAKARANversusP. JAYARAJAN

2005 INSC 23Appeal(s) allowed

The Supreme Court examined two election disputes where candidates had been convicted and sentenced to imprisonment of more than two years, raising questions about disqualification under Section 8(3) of the Representation of the People Act, 1951. It held that the relevant dates for determining …

CHANDRAKANT UTTAM CHODANKARversusSHRI DAYANAND RAYU MANDRAKAR AND ORS.

2004 INSC 713Appeal(s) allowed

Chandrakant Uttam Chodankar and Jose Philips Domingo D'Souza filed election petitions challenging the election of respondents who were alleged to hold offices of profit. The Bombay High Court dismissed the petitions on preliminary grounds, holding that the copies of the petitions served on the …

SARDAR HARCHARAN SINGH BRARversusSUKH DARSHAN SINGH AND ORS.

2004 INSC 623Appeal(s) allowed

In the 2002 Punjab Assembly election, Sukh Darshan Singh was declared elected over Sardar Harcharan Singh Brar by a narrow margin. Brar filed an election petition under the Representation of the People Act, 1951 alleging that a rival's nomination was improperly accepted and that Singh had committed …

RUPADHAR PUJARIversusGANGADHAR BHATRA

2004 INSC 574Leave Granted & Dismissed

In the Pondosguda Gram Panchayat election for Sarpanch, the respondent was declared elected but was later found disqualified under the Orissa Grama Panchayats Act for having more than two children. The appellant filed an election petition seeking to have the respondent's election declared void and …

MAHADEORAO SUKAJI SHIVANKARversusRAMARATAN BAPU AND ORS.

2004 INSC 448Appeal(s) allowed

In the 1999 election for the Amgaon Legislative Constituency, the appellant was declared elected and the defeated respondent filed an election petition under the Representation of the People Act, 1951 alleging corrupt practices such as unaccounted money and distribution of goods. The appellant moved …

MANDA JAGANATHversusK.S. RATHNAM AND ORS.

2004 INSC 273Leave Granted & Allowed

The first respondent filed a nomination for the Lok Sabha election from Nagarkurnool (SC) constituency, but the Returning Officer rejected his Form B for leaving columns 2‑7 blank and consequently treated him as an independent candidate, refusing to allot the party symbol of Telangana Rashtra …

JAIPAL SINGHversusSMT. SUMITRA MAHAJAN AND ANR.

2004 INSC 221Dismissed

Jaipal Singh, an IAS officer, applied for voluntary retirement on 13 March 2002 and requested a waiver of the three‑month notice period required under the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. He filed nomination papers for the Rajya Sabha election from Haryana, but the …

RAM PHAL KUNDUversusKAMAL SHARMA

2004 INSC 55Appeal(s) allowed

In the 2000 Haryana Legislative Assembly election, two candidates, Kamal Sharma and Bachan Singh, both claimed to be the official Congress candidate for the Safidon constituency. Both filed Form B with the Returning Officer; Bachan Singh’s Form B, submitted later, rescinded the earlier notice in …

BORGARAM DEURIversusPREMODHAR BORA AND ANR.

2004 INSC 8Dismissed

In the 2001 Assam Legislative Assembly election, the respondent Premodhar Bora was declared elected. The petitioner, Borgaram Deur!, filed an election petition alleging that Bora and his agents committed corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, …

SULTAN SADIQversusSANJAY RAJ SUBBA AND ORS.

2004 INSC 18Appeal(s) allowed

Sultan Sadiq, who had been rendering voluntary services as an assistant teacher in a madrasa, contested a legislative assembly election. The first respondent challenged his election alleging that Sadiq held an office of profit under the State of Assam because his services were purportedly …

M. CHINNASAMYversusK.C. PALANISAMY AND ORS.

2003 INSC 661Appeal(s) allowed

In the 1999 Karur parliamentary election the returned candidate won by 2,847 votes. The defeated candidate filed an election petition alleging irregularities in the counting of about 15,000 rejected votes across five categories, but the petition disclosed only vague, general allegations without the …

MERCYKUTTY AMMAversusKADAVOOR SIVADASAN AND ANR.

2003 INSC 610Disposed off

The appellant contested the election of the respondent from the Kundara Legislative Assembly constituency and filed an election petition alleging that the respondent had committed corrupt practices under Section 123 of the Representation of the People Act, 1951 by publishing a defamatory pamphlet …

HARIKRISHNA LALversusBABU LAL MARANDI

2003 INSC 585Dismissed

Harikrishna Lal and Babu Lal Marandi contested the 2001 Jharkhand Legislative Assembly election from Ramgarh. The respondent's nomination paper listed his name as "Babu Lal Marandi" while the electoral roll showed "Babu Marandi", omitting the middle name "Lal". No objection was raised at the …

REGU MAHESH @ REGU MAHESWAR RAOversusRAJENDRA PRATAP BHANJ DEV AND ANR.

2003 INSC 588Dismissed

The appellant Regu Mahesh filed an election petition challenging the election of Rajendra Pratap Bhanj Dev from the Saluru (ST) constituency on the ground that the respondent did not belong to a Scheduled Tribe. The Andhra Pradesh High Court dismissed the petition, holding that it lacked proper …

SUSHIL KUMARversusRAKESH KUMAR

2003 INSC 553Appeal(s) allowed

The appellant challenged the election of the respondent to the Bihar Legislative Assembly on the ground that the respondent was under 25 years of age at the time of filing his nomination, violating Article 173(b) of the Constitution and Section 36(2) of the Representation of the People Act. The High …

P.T RAJANversusT.P.M. SAHIR AND ORS.

2003 INSC 514Dismissed

In the 2001 Kozhikode Assembly election, the appellant, election agent of the defeated candidate, alleged that after the 3 p.m. deadline for filing nominations, 19,045 names were deleted and 6,828 added to the electoral roll, rendering the election void. The High Court dismissed the petition, …

BIDESH SINGHversusMADHU SINGH AND ORS.

2003 INSC 509Appeal(s) allowed

Bidesh Singh filed an election petition challenging the election of Maohu Singh on the ground that 258 ballot papers were illegally rejected in Booth No. 35 and sought their inspection and scrutiny. The respondent filed an application under Sections 81, 83 and 86 of the Representation of the People …

DIPAK CHANDRA RUHIDASversusCHANDAN KUMAR SARKAR

2003 INSC 354Dismissed

The appellant, Dipak Chandra Ruhidas, challenged the election of Chandan Kumar Sarkar to the Assam Legislative Assembly on the ground that Sarkar's nomination was improperly accepted despite not being a Scheduled Caste member. The Gauhati High Court dismissed the election petition under Section …

JAVED AND ORS.versusSTATE OF HARYANA AND ORS.

2003 INSC 342Dismissed

The petitioners were disqualified from contesting or holding Panchayat offices under Sections 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 because they had more than two living children. They challenged the provisions as arbitrary, discriminatory and violative of Articles 14, 21 and …

JIBONTARA GHATOWARversusSARBANANDA SONOWAL AND ORS.

2003 INSC 291Appeal(s) allowed

In the 2001 Assam Legislative Assembly election for constituency No.115 Moran, Sarbananda Sonowal was declared elected, defeating Jibontara Ghatowar by 850 votes. Eight hundred twenty‑four ballot papers were rejected because they lacked the presiding officer’s signature and distinguishing mark. …

T.A. AHAMMED KABEERversusA.A. AZEEZ AND ORS.

2003 INSC 228Dismissed

In the Kerala Legislative Assembly election for Eravipuram, A.A. Azeez was declared elected by a margin of 21 votes over T.A. Ahamed Kabeer, who filed an election petition alleging double voting, impersonation, defective voter lists and invalid postal votes. The returned candidate filed a …

PEOPLE'S UNION FOR CIVIL LIBERTIES (PUCL) AND ANR.versusUNION OF INDIA AND ANR.

2003 INSC 176Disposed off

The Supreme Court examined the constitutionality of Section 33B (also called Section 338) of the Representation of the People Act, 1951, inserted by the 3rd Amendment Act, 2002, which barred candidates from disclosing any information not expressly required by the Act despite Supreme Court …

JAMAL UDDIN AHMADversusABU SALEH NAJMUDDIN AND ANR.

2003 INSC 132Dismissed

The petitioners challenged the election of the respondent to the Assam Legislative Assembly, alleging that the election petition was invalidly presented to the Stamp Reporter of the Gauhati High Court. The respondents argued that the presentation complied with Chapter VIII‑A of the Gauhati High …

MAHENDER PRATAPversusKRISHAN PAL AND ORS.

2002 INSC 492Dismissed

Mahender Pratap, who lost a Legislative Assembly election by 161 votes, filed an election petition seeking a recount of votes on the ground of alleged irregularities in electronic voting machine counting and non‑compliance with Conduct of Election Rules 56A and 63. He claimed that his application …

SPECIAL REFERENCE NO. I OF 2002versus.

2002 INSC 445Reference answered

The President referred three questions to the Supreme Court concerning the interplay of Article 174(1) (which mandates that six months shall not intervene between the last sitting of a state legislature and its next session) and Article 324 (which vests the Election Commission with the …

K. PRABHAKARANversusP. JAYARAJAN

2002 INSC 415Matter referred to larger bench

The appellant K. Prabhakaran challenged the election of P. Jayarajan, who had been convicted of several offences and sentenced to 29 months of imprisonment, on the ground of disqualification under Section 8 of the Representation of the People Act, 1951. The trial court had ordered the sentences to …

INDIAN NATIONAL CONGRESS (I)versusINSTITUTE OF SOCIAL WELFARE AND ORS.

2002 INSC 278Case Partly allowed

The Supreme Court examined whether the Election Commission of India (ECI) could de‑register a political party under Section 29A of the Representation of the People Act, 1951 when the party called a hartal that involved force, intimidation or coercion, allegedly violating the Constitution. The Kerala …

PRAKASH KHANDREversusDR. VIJAY KUMAR KHANDRE AND ORS.

2002 INSC 272Case Partly allowed

In the Karnataka Legislative Assembly election for the Bhalki constituency, Prakash Khandre was declared elected. Dr. Vijay Kumar Khandre challenged the result, alleging that Prakash Khandre was disqualified under Section 9A of the Representation of the People Act, 1951 because of subsisting …

UNION OF INDIAversusASSOCIATION FOR DEMOCRATIC REFORMS AND ANR.

2002 INSC 253Case Partly allowed

The Supreme Court examined whether the Election Commission could be directed to require candidates to disclose criminal cases, assets, liabilities and educational qualifications, as ordered by the Delhi High Court, despite the absence of a specific provision in the Representation of the People Act, …

COMMISSIONER OF CUSTOMS, MUMBAIversusM/S. VIRGO STEELS, BOMBAY AND ANR.

2002 INSC 182Dismissed

The Commissioner of Customs, Mumbai initiated recovery proceedings against Mis. Virgo Steels and Associated Cement Company Ltd for duty‑free steel imported after the cement project was abandoned, in violation of the Deemed Export Scheme. Virgo Steels admitted the illegality in a letter, expressly …

P.H PUJARversusKANTHI RAJASHEKHAR KIDIYAPPA AND ORS.

2002 INSC 117Appeal(s) allowed

The appellant was elected to the Karnataka Legislative Assembly by a margin of 138 votes. The defeated candidate filed an election petition under Section 81 of the Representation of the People Act, 1951, alleging that the counting supervisors failed to fill the required check memos, that ballot …

M.V. RAJASHEKARAN AND ORS.versusVATAL NAGARAJ AND ORS.

2002 INSC 42Appeal(s) allowed

The Karnataka Government appointed Vatal Nagaraj as Chairman of a One Man Commission to study the problems of Kannadigas in border areas and accorded the post cabinet rank with a budgetary allocation of Rs.5 lakh for expenses. When Nagaraj filed his nomination for the Karnataka Legislative Council, …

KAMALNATHversusSUDESH VERMA

2002 INSC 6Appeal(s) allowed

Kamalnath, who was elected from the Chhindwara Lok Sabha constituency, was challenged by Sudesh Verma through an election petition alleging a corrupt practice under Section 123(6) of the Representation of the People Act, 1951 for exceeding the prescribed expenditure ceiling. The Madhya Pradesh High …

SANTOSH YADAVversusNARENDER SINGH

2001 INSC 533Dismissed

In the 2000 Haryana Assembly election for the Ateli constituency, the appellant Santosh Yadav (INLD) lost to Narender Singh (INC) by a margin of 334 votes. Yadav challenged the result, alleging that the election was materially affected by the improper acceptance of the nomination of independent …

ANANGA UDAY SINGH DEOversusRANGA NATH MISHRA AND ORS.

2001 INSC 504Dismissed

Ananga Uday Singh Deo challenged the election of three Rajya Sabha candidates, alleging corrupt practices and an improper vote‑counting procedure. The Supreme Court held that a charge of corrupt practice must be pleaded with full particulars under Section 83 of the Representation of the People Act …

B.S. YADIYURAPPAversusMAHALINGAPPA AND ORS.

2001 INSC 495Appeal(s) allowed

B.S. Yadiyurappa filed an election petition in the Karnataka High Court challenging the election of Mahalingappa and named the other two candidates, the Returning Officer and the District Election Commissioner as respondents. The first respondent and the two officials moved to delete their names and …

B.R. KAPURversusSTATE OF TAMIL NADU AND ANR.

2001 INSC 453Disposed off

The Supreme Court examined whether J. Jayalalithaa, convicted under the Prevention of Corruption Act and sentenced to three years' rigorous imprisonment, could be appointed Chief Minister of Tamil Nadu after her party won a majority. The Court held that a person convicted and sentenced to …

HARISHANKAR JAINversusSONIA GANDHI

2001 INSC 438Dismissed

The appellants Hari Shanker Jain and Hari Krishna Lal challenged the election of Sonia Gandhi to the Lok Sabha, alleging that she was not a citizen of India despite holding a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. They also questioned the constitutional …

MULAYAM SINGH YADAVversusDHARAMPAL YADAV AND ORS.

2001 INSC 303Appeal(s) allowed

The Supreme Court examined an election petition filed after the 1998 parliamentary election in Sambhal, where Mulayam Singh Yadav was declared elected and Dharampal Yadav challenged the result alleging large‑scale booth capturing, arson and violence. The petition relied on a video cassette, …

MICHAEL B. FERNANDESversusC.K. JAFFER SHARIEF AND ORS .

2001 INSC 88Dismissed

The appellant filed an election petition challenging the election of respondent No.1 to the Lok Sabha and impleaded the Election Commissioner, Returning Officer and Chief Electoral Officer as respondents. The High Court ordered their deletion, holding that Section 82 of the Representation of the …

V.S. ACHUTHANANDANversusP. J. FRANCIS AND ANR.

2001 INSC 57Appeal(s) allowed

In the 1996 Kerala Legislative Assembly election for the Mararikulam constituency, P.J. Francis was declared elected, defeating V.S. Achuthanandan by 1,965 votes. Achuthanandan filed an election petition alleging corrupt practices, improper reception of void votes, and violations of the Constitution …

TEK CHANDversusDILE RAM

2001 INSC 44Appeal(s) allowed

The respondent challenged the election of the appellant, Tek Chand, alleging that the independent candidate Nikka Ram's nomination was improperly accepted because he was allegedly holding an office of profit and was a BJP/RSS activist whose votes allegedly cut into the respondent's tally, thereby …