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352 judgments · newest first · showing 201–352
In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected and the defeated respondent filed an election petition alleging corrupt practices. The petition and its supporting affidavit were drafted in Hindi, contrary to the High Court Rule requiring English, and the …
The respondent, a defeated candidate, filed an election petition challenging the election of the appellant to the West Bengal Legislative Assembly on grounds of corrupt practices under Sections 123(2), (4) and (7) of the Representation of the People Act, 1951. The Calcutta High Court found several …
In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected on 28 November 1998. The respondent filed an election petition under Section 81(1) of the Representation of the People Act, 1951 on 12 January 1999, seeking to challenge the result. The appellant contended …
Ravinder Singh, who lost the 1997 Punjab Legislative Assembly election to Janmeja Singh, filed an election petition alleging two corrupt practices: bribery under Section 123(1)(A)(b) and false statements under Section 123(4) of the Representation of the People Act, 1951. The High Court dismissed the …
During the 1999 Lok Sabha elections in Kerala, the Election Commission issued a notification under Rule 59A of the Conduct of Election Rules, 1961 directing that ballot papers from all ballot boxes in a constituency be mixed before counting to prevent intimidation and victimisation. Two writ …
In April 1996 a biennial election was held for the Patna Teachers Constituency of the Bihar Legislative Council and Nawal Kishore Yadav was declared elected. The petitioner filed an election petition alleging that a large number of persons who were not qualified under the 1950 Act had been …
In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a …
The appellant, a defeated candidate, filed an election petition challenging the Rajya Sabha election of the respondent on alleged corrupt practices, including bribery, undue influence, and the appointment of party‑affiliated persons to state corporations. The petition was found to lack material …
Mohammed Idris Ali filed an election petition challenging the 1996 election of Mustafa Shahidul Islam to the Assam Legislative Assembly. He later applied to withdraw the petition under Section 109 of the Representation of the People Act, 1951, and the withdrawal notice was published in the Official …
Mahendra Pal, a candidate of the Indian National Congress, challenged the election of R.D. Malanger, a Bharatiya Janata Party candidate, to the Himachal Pradesh Vidhan Sabha from the Kutlehar constituency. The petition alleged that 35,310 ballot papers were distributed but 35,318 were counted, …
The Supreme Court dismissed Civil Appeal No.154 of 1999 filed by Jeet Mohinder Singh challenging the election of Harminder Singh Jassi. The Court held that the respondent's nomination paper was validly accepted because the required copy of the electoral roll was produced before scrutiny, and the …
In the Solan constituency election, the petitioner Mohinder Nath Sofat challenged the election of Krishna Mohini on two grounds: the alleged improper rejection of the nomination papers of Pritam Chand and Mohan Singh, who were alternate candidates of unrecognised parties, and the alleged illegal …
In the Kerala Legislative Assembly election for Kunnathunadu, respondent No.1 was declared elected by a margin of 60 votes. The appellant filed an election petition alleging double voting, impersonation, and that about 300 votes were cast using a wrong instrument for marking ballot papers, seeking a …
In the Bihar Legislative Assembly election, Chandra Kishore Jha filed an election petition challenging Mahavir Prasad's election. The petition was handed to the Bench Clerk on 16 May 1995, the last day of the 45‑day limitation period, but the designated election judge and the bench hearing civil …
Thampanoor Ravi was elected to the Kerala Legislative Assembly and his election was challenged on two grounds: (i) that he was an "undischarged insolvent" within the meaning of Article 191(1)(c) of the Constitution, and (ii) that he had indulged in corrupt practices under Section 123 of the …
The appellant, Nareder Singh, was elected to the Haryana Legislative Assembly in 1996. Defeated candidates, including Mala Ram, filed election petitions alleging that the Returning Officer had improperly rejected the nomination papers of Suresh Kumar, Yogender and Mala Ram and had improperly …
In the 1995 Bhanjanagar Assembly election, the Returning Officer rejected the nomination of Panchanan Das (respondent No. 7) on the ground that he was a dealer under the Public Distribution System (PDS). The appellant, Somnath Rath, challenged the election of the returned candidate, Bikram K. Arukh, …
The appellant, Lachman Das Arora, who lost the Sirsa Assembly election held on 10 May 1996, filed an election petition on 1 July 1996 challenging the election of Ganeshi Lal. The Representation of the People Act, 1951 mandates that such petitions be presented within 45 days of the election. The …
The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not …
In the 1984 Tamil Nadu Legislative Assembly election, K. Venkatachalam was declared elected despite not being an elector in the Lalgudi constituency, having impersonated another person of the same name. The defeated candidate, A. Swamickan, filed a writ petition under Article 226 seeking a …
V.S. Achuthanandan, a defeated CPI(M) candidate, filed an election petition against the winning candidate P.J. Francis alleging corrupt practices and illegalities in ballot counting. The Kerala High Court dismissed the petition under Section 83 of the Representation of the People Act read with Order …
In the 1996 Pondicherry Legislative Assembly election, D. Ramachandran filed an election petition alleging that R.V. Janakiraman, who was declared elected, committed multiple corrupt practices including falsifying voter lists, exceeding expenditure limits, and using government servants for …
The appellant, Anil R. Deshmukh, filed an election petition challenging the election of Onkar N. Wagh to the Maharashtra Legislative Assembly, alleging corrupt practices. The petition required an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951. The …
The appellant G. Puttaswamy was declared elected after a recount ordered by the Returning Officer, which the respondent H.D. Revanna challenged, alleging that the recount violated Rule 63 of the Conduct of Election Rules, 1961 and that the appellant committed corrupt practices under Sections 100 and …
In a municipal council election with 424 voters, the quota for election was 213 votes. No candidate reached the quota, leading to successive rounds of elimination under the Conduct of Election Rules, 1961. The appellant, G.N.R. Dudhagaonkar, contended that 71 ballot papers, which were declared …
The Supreme Court examined two civil appeals arising from an election petition that sought to void the election of L.R. Shivaramagowda on grounds of alleged corrupt practices under the Representation of the People Act, 1951. The petition alleged that the returned candidate had failed to file true …
In the 1995 Vidhan Sabha election for the Lakhisarai constituency, respondent No.1 was declared elected. The appellant, Ashwini Kumar Sharma, filed an election petition under Section 100(1)(d)(iii) of the Representation of the People Act, 1951, alleging irregularities and illegalities in the …
T. Deen Dayal, a Rajya Sabha candidate, filed a transfer application in an election petition alleging bias and corruption against the presiding judge. The judge deemed the allegations baseless and scandalous, initiating suo moto contempt proceedings under the Contempt of Courts Act, 1971. The High …
Anukul Chandrapradhan filed a writ petition under Article 32 challenging Section 62(5) of the Representation of the People Act, 1951, which bars prisoners and persons in police custody from voting, except those under preventive detention. He contended that the provision violated Articles 14 and 21 …
The respondents filed an election petition alleging corrupt practices by the appellant, Bashir Musa Patel, under the Representation of the People Act, 1951. The petition was found to lack the specific particulars required by Section 86(5) of the Act. The Bombay High Court, while acknowledging the …
In the 1993 Nagaland Legislative Assembly election for Dimapur Constituency No.1, Vikheshe Sema was declared winner by a margin of 137 votes over Hokishe Sema. The respondent filed an election petition alleging that duplicate entries in the electoral roll had allowed some voters to cast more than …
The Election Commission of India appealed against a Madras High Court decision that had prohibited Chief Election Commissioner T.N. Seshan from expressing the Commission’s opinion on a disqualification petition against Chief Minister J. Jayalalitha, on grounds of alleged bias. The Supreme Court …
The appellant, Prabhudev Mallikarjunaiah, filed a nomination as a Scheduled Caste (Beda Jangamma) candidate for the Bidar‑1 (SC) Lok Sabha seat in 1991. The Returning Officer rejected his nomination, holding that he belonged to the Veerashiva Lingayath community, not the Beda Jangamma caste listed …
The appellant, an unsuccessful candidate in the 1993 Delhi Assembly election, filed an election petition alleging corrupt practices under Section 123 of the Representation of the People Act, 1951. The Delhi High Court dismissed the petition but held that the respondent was not supplied with the …
The appeal arose from a Bombay High Court election petition that declared the election of a BJP candidate, Abhiram Singh, void on the ground of corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951. The High Court had issued a show‑cause notice under …
The petition was filed by Bhim Singh, President of the Jammu & Kashmir Panthers Party, seeking a declaration that Section 30(d) of the Representation of the People Act, 1951, which allows the Election Commission to fix poll dates without specifying a maximum interval after withdrawal of nominations, …
Dr. SMT. Shipra filed an election petition challenging the election of S.L. Khotwal on grounds of corrupt practices. The petition and its supporting affidavit were served on the returned candidate, but the copy of the affidavit omitted the notarized verification required by Form 25 under Rule 94‑A …
In the 1991 Tamil Nadu Legislative Assembly election for the Chennaimahadevi constituency, the returned candidate (appellant) filed an election expense return showing Rs 36,350, admitting use of one vehicle (TN‑72‑1909) with Rs 15,875 expense but also acknowledging a second vehicle (TN‑555) whose …
Mohd. Aslam filed a writ petition under Article 32 seeking reconsideration of the Supreme Court's judgment in Manohar Joshi v. Nitin Bhaurao Patil, alleging it was incorrect. The Court held that Article 32 cannot be invoked to challenge the correctness of a decision on its merits or to obtain its …
The appellant, S. Baldev Singh Mann, filed an election petition challenging the 1992 Punjab Legislative Assembly election of S. Gurcharan Singh (respondent No.1) on grounds of booth capturing and overspending. He alleged that the respondent and his agents threatened the appellant's polling agent and …
The 1987 Vile Parle Assembly election of Dr. Ramesh Yeshwant Prabhoo was challenged on the ground that his agent, Bal Thackeray, made speeches appealing to voters on the basis of Hindu religion and inciting communal feelings. The High Court held the speeches to be corrupt practices under Sections …
Manohar Joshi, the BJP‑Shiv Sena candidate, was elected from Dadar in 1990. Bhaurao Patil filed an election petition alleging corrupt practices under sections 123(3) and 123(3A) of the Representation of the People Act, relying on Joshi's speeches, those of party leaders and audio‑video cassettes. …
The Supreme Court examined an election petition that had declared the Lok Sabha election of Prof. Ramchandra G. Kapse void on the ground of alleged corrupt practices involving speeches by Sadhvi Reethambara and Pramod Mahajan. The Court held that a noticee under Section 99 of the Representation of …
The appellant Ramakant Mayekar challenged a High Court order that declared his election to the Maharashtra Legislative Assembly void on grounds of corrupt practices under the Representation of the People Act, 1951. The Supreme Court examined whether the election petition filed on 16 April 1990 was …
Moreshwar Save was elected from the Aurangabad parliamentary constituency, but his election was set aside by the Bombay High Court on the ground that corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, were committed through speeches by Manohar Joshi …
The appellant, ChandraKanta Goyal, a BJP candidate, was declared elected to the Maharashtra Legislative Assembly from Matunga in 1990. The respondent, S.S.J.S. Kohli of Janata Dal, filed an election petition alleging that the appellant committed corrupt practices under Sections 123(3) and 123(3A) of …
Suryakant V. Mahadik, a Shiv Sena candidate, was elected to the Maharashtra Legislative Assembly from the Nehru Nagar constituency. Saroj Sandesh Naik filed an election petition alleging that Mahadik, during a religious gathering at Sarveshwar Mandir, appealed to voters on the basis of "Hindutva" …
Janata Dal (Samajwadi) was recognised as a national party on 16 April 1991. After the Lok Sabha and several state assembly elections held between April and June 1991, the Election Commission found that the party no longer satisfied the criteria in paragraph 6(2) of the Election Symbols (Reservation …
K.M. Rao, a Telugu Desam Party candidate, was elected to the Andhra Pradesh Legislative Assembly in 1989. An election petition alleged that he committed a corrupt practice under Section 123(3) of the Representation of the People Act by using posters that depicted party leader N.T. Rama Rao as the …
The Supreme Court examined an election petition challenging Dr. (Mrs.) Vimal Mundada’s election to the Maharashtra Legislative Assembly on the ground that she had appealed to voters on religious lines and promoted communal hatred through speeches delivered with her consent, allegedly constituting …
The appellant Jaswant Singh and the respondent Virender Singh contested the 1991 Haryana Legislative Assembly election, with the respondent declared elected. The appellant filed an election petition under Sections 81 and 83 of the Representation of the People Act, 1951 alleging irregularities, …
Raghbir Singh, convicted under IPC sections 326 and 149 and sentenced to three years' rigorous imprisonment, was released in November 1988 and subsequently contested the Punjab Vidhan Sabha election in February 1992. The respondent filed an election petition alleging that Singh was disqualified …
The Supreme Court examined challenges to the Lok Sabha election of C.K. Jaffer Sharief from Bangalore North, alleging that the candidate engaged in corrupt practices by arranging large‑scale free mass feedings of electors, exceeding election‑expenditure limits, and using spurious ballot papers. The …
The appellant, Iqbal Singh, contested the 1992 Faridkot Assembly election and filed an election petition under Section 80 of the Representation of the People Act, 1951, alleging that the returned candidate and a party president conspired to induce another candidate to withdraw in exchange for his …
The appellant, A. Neelalohithadasan Nadar, was declared elected from the Kovalam Assembly seat, but the first respondent, George Mascrene, filed an election petition alleging double voting and void votes under Section 62(4) of the Representation of People Act, 1951. The Kerala High Court inspected …
Subhash Desai, elected from Goregaon as a Shiv Sena candidate, was challenged by Sharad J. Rao of Janata Dal for alleged corrupt practices. The election petition alleged that Desai had appealed to voters on religious grounds, published a false newspaper report to vilify Rao, and incited communal …
The appellant Jagmal Singh Yadav was elected to the Rajasthan Legislative Assembly, but his election was set aside by the High Court on the ground that he had committed a corrupt practice under section 123(4) of the Representation of the People Act by causing a defamatory news item to be published …
The appellant contested the 1992 Moga Assembly election, losing by seven votes, and filed an election petition alleging that 22 bogus votes were cast for the winning respondent by impersonating dead electors. The petition sought production of the ballot paper account and the marked copies of …
The returned candidate Quamarul Islam contested the 1989 Karnataka Assembly election and was challenged by his rival S.K. Kanta on alleged corrupt practices under Sections 123(2), (3), (3A) and (4) of the Representation of the People Act, 1951, including religious appeals and false statements. The …
The Supreme Court examined an election petition challenging the Lok Sabha election of Gadakh Yashwantrao Kankarrao from Ahmednagar on the ground that he had committed a corrupt practice under Section 123(4) of the Representation of the People Act, 1951. The petition alleged that Gadakh and the then …
The petitioner, Digvijay Mote, filed a public‑interest writ petition alleging that the electoral process in India was distorted, citing the absence of representation from Assam and Jammu & Kashmir in successive Lok Sabhas. He sought sweeping reliefs including staying the functioning of the existing …
The case concerned three writ petitions filed in the Bombay High Court challenging orders of the Acting Speaker of the Goa Legislative Assembly that purportedly reviewed and set aside earlier disqualification orders of members under the Tenth Schedule (anti‑defection law). The High Court dismissed …
The election of Mullapudi Venkata Krishna Rao to the Andhra Pradesh Legislative Assembly was challenged on the ground that he had used a poster depicting N.T. Rama Rao as Lord Krishna, together with a sloka from the Bhagavad Gita and a derogatory reference to the Congress party, thereby violating …
In the 1990 Himachal Pradesh Legislative Assembly election from Chachiot, Motiram was declared elected. The election was challenged on the ground that the nomination of another candidate, Karam Singh, had been improperly rejected because he was alleged to hold an office of profit as Chairman of the …
The petitions filed by Sikkimese of Nepali origin challenged the reservation of twelve seats for Bhutia‑Lepcha and one seat for the Buddhist Sangha in the Sikkim Legislative Assembly, arguing that these provisions violated Articles 14, 15(1), 325, 332(3) and the basic structure of the Constitution. …
The petitioner challenged two 1992 Ordinances that amended the Representation of the People Act, 1951 – narrowing the counter‑manding provision in Section 52 to only candidates of recognised political parties who die, and reducing the minimum interval between the withdrawal of nominations and …
The first respondent, a defeated candidate, filed an election petition challenging the election of the appellant. The appellant filed a recrimination notice under Section 97 of the Representation of the People Act, 1951, but did so beyond the 14‑day period prescribed, and sought condonation of the …
J. Chandrasekhara Rao challenged the election of V. Jagapathi Rao, who won by 427 votes, on the ground that the nomination of a second candidate, who was under 25 and thus ineligible, had been improperly accepted. The petitioner argued that the 9,568 votes obtained by the ineligible candidate (more …
Sewaram was elected to the Madhya Pradesh Legislative Assembly from Morena, but his opponent Sobaran Singh challenged the election alleging that Sewaram held contracts with the state government at the time of filing his nomination, which would disqualify him under Section 9‑A of the Representation …
Satrucharla Raju was appointed as a single teacher in a primary school run by the Integrated Tribal Development Agency (ITDA), a registered society. He was suspended pending an enquiry, tendered his resignation on 26 October 1989 (which was not accepted), and subsequently filed his nomination and …
Basanagouda was elected to the Karnataka Legislative Assembly and was challenged by Dr. S. B. Amarkhed, the nearest unsuccessful candidate, who alleged booth‑capturing and rigging of votes. The High Court, relying on Order XI Rule 14 and Order XVI Rule 6 of the CPC, ordered the production of various …
Bhaurao Ragoji Patil filed an election petition challenging Manohar Joshi's election, but died before the case proceeded, causing the petition to abate under Section 112(1) of the Representation of the People Act, 1951. Four persons, including the respondents, applied for substitution under Section …
The petitioners, appointed as Election Commissioners in October 1989, challenged the President’s January 1990 notifications that rescinded their appointments and abolished the two posts. They argued that the abolition violated the tenure provisions in the service rules, infringed the independence of …
In the 1989 Mizoram Assembly elections, fifteen unsuccessful MNF candidates filed election petitions alleging corrupt practices by the elected Congress(I) candidates. The High Court rejected preliminary objections, allowed certain amendments, and struck out vague paragraphs, prompting the returned …
In the 1989 Lok Sabha election, a defeated candidate challenged the election of the winner on grounds of corrupt practices under sections 123(2), (3) and (3A) of the Representation of the People Act, 1951. The Bombay High Court, after finding the charges proved, issued notices under section 99 to …
The appellant was declared elected to the Andhra Pradesh Legislative Assembly on 26 November 1989. An election petition challenging his election was filed on 15 January 1990, after the 45‑day limitation under Section 81 of the Representation of the People Act, 1951 had expired on 10 January because …
The appellant D.B. Raju contested his election to the Karnataka Legislative Council, alleging that the 242 nominated members from 121 Mandal Panchayats were added to the electoral roll after the deadline for filing nomination papers (3 p.m., 3 June 1988). The High Court held that the roll was not …
In the 1985 Madhya Pradesh Legislative Assembly election for Constituency No. 14 Lahar, the Returning Officer rejected the nomination paper of candidate Ramprakash because his name could not be identified on the electoral roll and he was absent to correct the defect. The election was won by Mathura …
In a 1986 Rajya Sabha election by the Tamil Nadu Legislative Assembly, the appellant, Era Sezhiyan, lost and challenged the rejection of one ballot paper marked with green ink (a pen different from the blue‑ink pen supplied in the booth) and the acceptance of three ballots where the figure ‘1’ was …
In the 1985 Madhya Pradesh Vidhan Sabha election for the Niwadi constituency, respondent No.1 Ramratan Chaturvedi was declared elected. The appellant, Lakshmi Narayan Nayak, filed an election petition alleging corrupt practices under Sections 123(2), (3) and (3A) of the Representation of the People …
The appellant, a candidate for the Orissa Legislative Assembly, filed his nomination from Gopalpur while being an elector in Sorada. He submitted an attested copy of the Sorada electoral roll as it existed on 21 July 1983, arguing that this satisfied the requirement of Section 33(5) of the …
The appeals challenged Andhra Pradesh High Court judgments that had upheld the election of a Member of Parliament on the ground that advertisements and speeches by the Chief Minister, published through the Government's Publicity Department, offering subsidised rice and clothing to low‑income groups …
The appellant, a voter in the Mala constituency of Kerala, filed an election petition challenging the election of the sitting Chief Minister on grounds of several alleged corrupt practices, including a notice, a photograph, and a video cassette purportedly used for election propaganda. The petition …
In the 1985 Bihar Legislative Assembly election, Lata Devi (Mali) was declared elected from Chandan Kyari (SC) constituency. The defeated candidate, Haru Rajwar, filed an election petition alleging that the Returning Officer changed his allotted symbol from "bow and arrow" to "ladder" less than …
The case concerned the election of a Mayor and Deputy Mayor of the Bhavnagar Municipal Corporation. The incumbent Mayor and Deputy Mayor issued a notice for a meeting on 1 June 1988, but the Mayor later cancelled the notice and directed a postponement, after which a minority of councillors met and …
In the 1984 Lok Sabha election from Nizamabad, T. B. Goud was declared elected. M. Narayan Reddy filed an election petition under Sections 80 and 81 of the Representation of the People Act, 1951, alleging counting irregularities, impersonation and corrupt practices, and specifically contended that …
Jagannath Ramchandra Nunekar, an elector from Shivaji Nagar, sought to contest a bye‑election in Jaoli and applied for a certified copy of his entry in the Shivaji Nagar electoral roll. He received a copy on 8 January 1986 showing the latest publication date as 31‑Jan‑1984 and filed his nomination …
The Supreme Court examined an election petition challenging the election of B.M. Singhvi from the Jodhpur City Assembly constituency. The petition alleged that three candidates – Umrao Ben, Hukmi Chand and Suraj Prakash Joshi – were improperly rejected, contending that Ben’s nomination should have …
The case concerned an election petition filed under the Representation of the People Act, 1951, where a Single Judge of the Gujarat High Court declined to order production of election records. The petitioner appealed the interlocutory order to a Division Bench of the same High Court under clause 15 …
In the 1985 Rajasthan Legislative Assembly election for the Karauli constituency, Shiv Charan Singh was declared the winner. Two electors challenged his election, alleging that the Returning Officer had improperly accepted the nomination of Kanhaiya Lal, who was under 25 and thus ineligible under …
In the Assam Legislative Assembly election, Abdul Wazed's nomination was rejected on the ground that he was under 25 years of age and allegedly disqualified under Section 9‑A of the Representation of the People Act, 1951 because he held a lease of ferry tolls under the Northern India Ferries Act, …
The Election Commission of India appealed against two interim orders issued by the Bombay High Court that postponed the withdrawal deadline and stayed the poll for a Legislative Council election in Maharashtra. The respondents had filed a writ petition under Article 226 challenging the validity of …
In the 1985 Uttar Pradesh Legislative Assembly election for constituency No. 41, Smt. Pushpa Devi was declared elected with 23,006 votes, defeating the runner‑up by a margin of 2,271 votes. A candidate (Respondent No. 8), a college teacher, secured 3,606 votes, exceeding that margin. An elector, …
M.L. Agarwal challenged the 1981 Lok Sabha election of Rajiv Gandhi alleging various corrupt practices. The High Court struck out the petition as vague, frivolous and lacking a cause of action under Order VI Rule 16 and rejected it under Order VII Rule 11. Agarwal appealed, contending that the court …
The appellant, a temporary government investigator, resigned by tendering a one‑month notice pay as required by Condition 6 of his appointment and handed over all official records on 24 Nov 1984, two days before filing his nomination for the Lok Sabha election. The respondent challenged his …
The respondent was elected to the Lok Sabha from Amethi in the 1984 general election. An elector filed an election petition alleging several corrupt practices, but the petition failed to disclose material facts and particulars required by Section 83 of the Representation of the People Act, 1951. The …
Bhagwati Prasad Dixit challenged the election of Rajiv Gandhi to the Lok Sabha on three grounds: alleged loss of Indian citizenship due to marriage and property in Italy, holding an office of profit by receiving a parliamentary salary, and the ineligibility of the Chief Election Commissioner. The …
In the 1982 Himachal Pradesh Assembly election, Ram Chand Bhatia (BJP) was elected over Hardyal (Congress). Hardyal filed an election petition alleging that a poster (Annexure PA) printed by Janata Party candidate Kanshi Ram contained false statements about his personal character and was distributed …
Kirpal Singh was elected to the Punjab Legislative Assembly in 1972, but his election was set aside by the Punjab and Haryana High Court because the nomination of another candidate, Basant Singh, had been improperly rejected on the ground that he was a development officer in the Life Insurance …
The petitioners challenged the 1983 Assam Legislative Assembly election, alleging that the electoral rolls of 1979 were defective because they had not been revised as required by the Representation of the People Act, 1950 and allegedly contained non‑citizens. They filed writ petitions under Article …
The petitioner filed a writ petition under Article 32 challenging the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968, arguing that the Order was legislative in nature and could not be issued by the Election Commission because it lacked statutory authority. …
In the 1985 Bihar Legislative Assembly election for the Islampur constituency, the Returning Officer announced the petitioner as elected and issued a Form 22 certificate, but failed to prepare the required Form 21C declaration. Upon discovering that votes from one booth had not been counted, the …
The Supreme Court examined an election petition challenging the election of Col. Ram Singh on allegations of corrupt practice, including booth‑capturing and intimidation at two polling stations in the 1982 Haryana Assembly election. The petitioners relied heavily on oral testimony and tape‑recorded …
In a 1983 by‑election for the Fatehabad Assembly constituency, Lila Krishan was declared elected, but two rival candidates, Mani Ram Chapola and Raj Tilak, had their nomination papers rejected because the serial numbers of their proposers were shown as 126 and 177 instead of the correct 26 and 77. …
In a Haryana Assembly by‑election, the Returning Officer (Umed Singh Rao) rejected the nomination papers of two candidates on the ground that the proposers' serial numbers did not match the electoral roll. The successful candidate’s election was challenged, and the Punjab & Haryana High Court held …
The petition challenged the constitutional validity of Explanation 1 to Section 77(1) of the Representation of the People Act, 1951, which exempts expenditures incurred by political parties or other persons (other than the candidate or his agent) from being counted towards the candidate's …
In the 1982 Haryana Legislative Assembly election, Brij Mohan was declared elected from Jind constituency, defeating Mange Ram. Mange Ram filed an election petition alleging that Brij Mohan had committed the corrupt practice of bribery under Section 123(1) of the Representation of the People Act, …
The election petition filed by Sat Pal challenged the election of the appellant to the Haryana Legislative Assembly on the ground that the nomination paper of another candidate, Dog Ram, had been improperly rejected by the Returning Officer due to clerical errors in the part numbers of the electoral …
Shankar Dass, a cash clerk, was convicted of breach of trust and released under section 4 of the Probation of Offenders Act, 1958. Despite the probation, the Government dismissed him from service. He challenged the dismissal, arguing that section 12 of the Probation Act barred any "disqualification" …
The appellant challenged the election of respondent No. 3 to the Punjab Legislative Assembly on the ground that the candidate had committed a corrupt practice under section 123(3) of the Representation of the People Act, 1951. The allegation was that the Akal Takht, the supreme religious authority …
Ram Sharan Yadav, a Communist Party candidate, was elected to the Bihar Legislative Assembly in 1977. The defeated candidate, Thakur Muneshwar Nath Singh, filed an election petition alleging that Yadav had engaged in corrupt practices of undue influence under Section 123(2) of the Representation of …
In the 1982 Haryana Legislative Assembly election, Bhagmal was declared elected by a margin of ten votes over Parbhuram. Parbhuram filed an election petition alleging improper counting and the influence of a Naib Tehsildar on the Returning Officer, leading to a recount of rejected ballot papers. The …
In the 1980 Punjab Legislative Assembly election, Surinder Singh was elected but his victory was challenged on two grounds of corrupt practice under the Representation of the People Act, 1951: (1) alleged "undue influence" for disturbing an Akali Party meeting with firearms, and (2) alleged …
Dharmesh Prasad Verma appealed against the election of Faiyazal Azam to the Bihar Legislative Assembly, alleging that Azam committed a corrupt practice under Section 123(5) of the Representation of the People Act, 1951 by procuring a jeep from his friend Kabir Ahmed and using it to convey voters to …
Ganu Ram contested a Himachal Pradesh assembly seat reserved for Scheduled Castes. His nomination form did not contain the statutory caste declaration, but he attached a Sub‑Divisional Magistrate's certificate stating he belonged to the Lohar caste. The Returning Officer accepted the nomination and …
The Supreme Court heard a special leave appeal (Civil Appeal No. 2182 of 1984) filed by the Election Commission of India against an ex‑parte order of the Punjab & Haryana High Court that stayed the election programme for a by‑election in the Taoru Assembly constituency. The High Court had intervened …
The case concerned the 1980 Assembly election for Jullundur Cantt., where the appellant, Manmohan Kaula, lost to respondent Yash by a narrow margin. Kaula alleged that Yash and his agents committed a corrupt practice under Section 123(4) of the Representation of the People Act, 1951, by publishing …
A.C. Jose, a losing candidate in a Kerala Legislative Assembly election, challenged the election of Sivan Pillai on the ground that votes cast by electronic voting machines in 50 of 85 polling stations were illegal. The Election Commission had issued a notification permitting the use of machines, …
The appellants challenged the election petitions filed against them on the ground that the copies served on them were not attested as true and exact copies as required by Section 81(3) of the Representation of the People Act, 1951, and therefore the petitions should be dismissed in limine under …
The appellant challenged the election of the second respondent from a Scheduled Tribes reserved assembly constituency, alleging that the respondent falsely claimed to belong to the Konda Reddy Scheduled Tribe and had obtained a fraudulent community certificate. The Returning Officer had accepted the …
The appellant, having been elected to the Bihar Legislative Assembly, challenged the rejection of four of his nomination papers by the Returning Officer, particularly the paper rejected on the ground of a four‑year age discrepancy between the electoral roll and the nomination. The respondent, the …
The respondent filed an election petition alleging corrupt practices by the returned candidate. The returned candidate sought dismissal of the petition in limine under Section 86 of the Representation of the People Act, claiming the petition violated Section 81(3) because copies of documents and …
Avtar Singh Brar challenged the election of Tej Singh to the Punjab Legislative Assembly, alleging that Tej Singh had engaged in a corrupt practice by circulating posters that falsely claimed candidate Ruplal had withdrawn and that votes for Tej Singh would count as votes for Ruplal. Evidence, …
An election petition filed by Anand Sharma challenged the election of Daulat Ram Chauhan to the Himachal Pradesh Legislative Assembly on the ground that Chauhan, his election agent and two other candidates, K.D. Batish and Puran Chand Sood, allegedly used libelous slogans and pamphlets to alienate …
In the 1980 Bihar assembly election, M.K. Pandey was declared elected and the defeated Baidyanath filed an election petition alleging corrupt practices. The petition copy served on Pandey contained numerous errors, including omitted and incorrect names of alleged perpetrators. Pandey argued that the …
The Supreme Court examined three election petitions challenging the election of Giani Zail Singh as President of India. The petitioners, who had not been duly nominated as candidates under the Presidential and Vice‑Presidential Elections Act, 1952, claimed the returned candidate exercised undue …
In the 1979 Uttar Pradesh Vidhan Sabha election for a Scheduled Caste reserved seat, Jhilmit Ram was declared elected by a margin of 373 votes over Chhedi Ram. A third candidate, Moti Ram, whose caste status made him ineligible for the reserved constituency, had his nomination improperly accepted …
The appellant S. Anbalagan challenged the election of B. Devarajan, who had been elected from a Lok Sabha seat reserved for Scheduled Castes, on the ground that Devarajan was a Christian by birth and therefore not a member of the Scheduled Caste. The Election Tribunal held that Devarajan was a Hindu …
The Supreme Court examined two issues arising from a Rajya Sabha election in Uttar Pradesh: whether the Secretary of the State Legislative Assembly could be appointed as Returning Officer under Section 21 of the Representation of the People Act, 1951, and whether an elected Assembly member who had …
In the 1980 Uttar Pradesh Legislative Assembly election, the nomination of Roshanlal Dobray, an Assistant Teacher in a basic primary school, was rejected on the ground that he held an office of profit under the State Government, disqualifying him under Article 191(1)(a) of the Constitution. The High …
In the 1980 Haryana Legislative Assembly election for constituency No.5 (Hathin), the returned candidate Azmatkhan secured 12,828 votes and was declared elected. Respondent Khillan Singh filed an election petition, and the returned candidate filed a recrimination petition under Section 97 of the …
The Supreme Court examined an election petition that had been dismissed for the petitioner's failure to appear and produce evidence, despite statutory mandates for disposal within six months. The petitioner sought to delete a specific prayer, and the High Court allowed the deletion and later …
In the 1980 Bihar Legislative Assembly election, the appellant Arun Kumar Bose was declared elected by a margin of 24 votes over respondent No.1, Mohd. Furkan Ansari. The respondent filed an election petition under s.81 of the Representation of the People Act, alleging that 74 ballot papers were …
In the 1980 Tamil Nadu Assembly election for the Ilayangudi constituency, the appellant was declared winner by a margin of 56 votes. The first respondent filed an election petition alleging that the Returning Officer had wrongly rejected ballot papers where the voter's mark was partially in the …
Mange Ram, the petitioner, challenged the election of Brij Mohan to the Haryana Legislative Assembly by filing an election petition under the Representation of the People Act, 1951. During the trial he sought to examine a large number of witnesses he had kept present in court, but whose names were …
The Supreme Court examined several election petitions filed by Dr. H.V. Hande challenging the election of M. Karunanidhi. The petitioners had deposited the required Rs.2,000 security for costs in the Reserve Bank of India on a pre‑receipted challan, and the petition included a photograph of a fancy …
The appellant Roop Lal challenged the election of Nachhattar Singh to the Punjab Legislative Assembly on the ground that the Election Commission’s re‑allocation of the party symbol ‘hand’ to the respondent violated the Election Symbols (Reservation & Allotment) Order, 1968 and the provisions of the …
The appellant, an unsuccessful candidate in a Rajya Sabha election conducted by single transferable vote, filed an election petition under section 81 of the Representation of the People Act, 1951 seeking scrutiny and recount on the ground that several valid votes had been wrongly rejected and that …
The Calcutta High Court entertained a writ petition under Article 226 challenging the Chief Election Commissioner, the Chief Electoral Officer and the Election Commission of India for allegedly issuing vague and arbitrary directions for a de novo revision of West Bengal's electoral rolls and for …
The case arose from an election petition filed by Debi Ghosal challenging the Lok Sabha election of Mohd Ismail from the 19‑Barrackpore constituency. The petition impleaded the Chief Minister of West Bengal, Jyoti Basu, and two other state ministers, alleging they colluded with the returned …
The appellants were convicted by two District Judges whose appointments were later declared invalid for violating Article 233 of the Constitution. The appellants argued that the judgments rendered by those judges were void and that the Constitution (20th Amendment) rendered them a surplusage. The …
Aeltemesh Rein, a Lok Sabha candidate, filed an election petition under Section 81 of the Representation of the People Act, 1951, claiming to have deposited the required security of Rs.2,000 as mandated by Section 117, although no deposit was actually made. The Madhya Pradesh High Court dismissed …
Vidya Charan Shukla was convicted and sentenced to imprisonment exceeding two years, but his conviction was stayed pending appeal. He filed his nomination for the Lok Sabha election, which was accepted despite an objection that he was disqualified under Section 8(2) of the Representation of the …
In the 1977 Nagaland Assembly election, N.C. Zeliang was declared elected but the defeated candidate Aju Newmai filed an election petition alleging that Zeliang committed corrupt practices by filing a false expense return and exceeding the permissible election expenditure limit, as well as by …
In the 1978 Andhra Pradesh Legislative Assembly election, K. Veera Reddy was elected. V. Krishna Reddy filed an election petition alleging Veera Reddy's disqualification under Section 9A of the Representation of the People Act, 1951. All candidates, including Thammanna (original respondent No.5), …
The Supreme Court dismissed an appeal by independent candidate Raghbir Singh Gill challenging the setting aside of his election to the Council of States on grounds of tampered postal ballot papers. The High Court had found that four postal ballots, originally cast for Akali candidate Gurcharan Singh …
Two election petitions were filed by defeated candidates alleging that the elected candidate, Sultan Ahmad Owasi, indulged in corrupt practice by delivering speeches that promoted religious hatred. The appellant denied making any such speeches and sought to prove an alibi, claiming he was in Adoni …
Harjit Singh Mann challenged the election of S. Umrao Singh on three grounds: the alleged late filing of his nomination paper, failure to make the required oath, and alleged bribery by the respondent. The Supreme Court held that the nomination paper was filed after the statutory deadline of 3 p.m., …
The appellant, Sharif‑ud‑Din, filed an election petition challenging the election of Abdul Gani from the Handwara constituency. The petition was dismissed by the Jammu & Kashmir High Court because the copies of the petition were attested by the appellant’s advocate, Piyare Lal Handoo, rather than by …
In the 1978 Maharashtra Legislative Assembly election for the Armori constituency (reserved for Scheduled Tribes), the appellant Dadaji was declared elected, claiming membership in the "Mana" community. The unsuccessful candidate challenged the election, arguing that Dadaji did not belong to any …
In the 1977 Tamil Nadu Assembly election for the Taramangalam constituency, R. Narayanan was declared elected by a narrow margin of about 19 votes. S. Semmalai filed an election petition under the Representation of the People Act, 1951 alleging counting irregularities and seeking a recount and …
The appellant, Ebrahim Sulaiman Sait, was elected to the Lok Sabha from Manjeri, Kerala, but his election was declared void by the Kerala High Court on the ground that a speech he made during the campaign promoted religious enmity, violating Section 123(3A) of the Representation of the People Act, …
