AMOLAK CHAND versus RAGHUVEER SINGH
There is no statutory prohibition in ss. 33 or 36 of the Representation of the People Act, 1951 (as amended) preventing an elector from proposing more than one candidate in a single-member constituency. Filling the caste column unnecessarily in a nomination paper for a general seat does not invalidate the nomination.
- Parties
- Appellant: Amolak Chand; Respondent: Raghuveer Singh
- Jurisdiction
- India
- Judgment Date
- 22 February 1968
- Procedural Posture
- Civil Appeal / Appeal From Madhya Pradesh High Court (election Petition No. 2 of 1967)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Nomination Paper Rejection, Elector Proposing Multiple Candidates, Caste Declaration in Nomination
Case Brief
Summary, issues, holding and outcome
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Parties
Amolak Chand
Appellant
Raghuveer Singh
Respondent
Procedural Posture
Civil Appeal / Appeal From Madhya Pradesh High Court (election Petition No. 2 of 1967)
Legal Issues
- 1 Whether there is a statutory prohibition against an elector proposing more than one candidate in a single-member constituency
- 2 Whether unnecessarily filling the caste column in a nomination paper invalidates the nomination
Ratio Decidendi
There is no statutory prohibition in ss. 33 or 36 of the Representation of the People Act, 1951 (as amended) preventing an elector from proposing more than one candidate in a single-member constituency. Filling the caste column unnecessarily in a nomination paper for a general seat does not invalidate the nomination.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Judgment of Madhya Pradesh High Court dated August 25, 1967 affirmed
Full Case Text
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