ANIL BALUNI versus SURENDRA SINGH NEGI

ANIL BALUNI versus SURENDRA SINGH NEGI

The appellant had filed his nomination papers and Forms A and B before the prescribed time. The Returning Officer committed fraud by interpolating in the nomination papers to justify improper rejection; such rejection is contemplated as invalid by Section 100(1)(c) of the Representation of the People Act, 1951. The election of the respondent must be declared void.

Parties
Appellant: Anil Kumar Baluni; Respondent: Surendra Singh Negi
Jurisdiction
India
Judgment Date
14 July 2005
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal allowed; election petition allowed; election of respondent declared void
Legal Topics
Rejection of Nomination Papers, Election Petition, Improper Rejection, Interference in Elections, Fraud by Returning Officer, Interpretation of Representation of the People Act, 1951
Election Law Rejection of Nomination Papers Election Petition Improper Rejection Interference in Elections Fraud by Returning Officer Interpretation of Representation of the People Act, 1951

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Parties

Anil Kumar Baluni

Appellant

Surendra Singh Negi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant's nomination papers were improperly rejected under Section 100(1)(c) of the Representation of the People Act, 1951
  2. 2 Whether interpolations/manipulation were made in the nomination papers by the Returning Officer

Ratio Decidendi

The appellant had filed his nomination papers and Forms A and B before the prescribed time. The Returning Officer committed fraud by interpolating in the nomination papers to justify improper rejection; such rejection is contemplated as invalid by Section 100(1)(c) of the Representation of the People Act, 1951. The election of the respondent must be declared void.

Court Disposition

Appeal allowed; election petition allowed; election of respondent declared void

Orders

  • Election of Surendra Singh Negi declared void
  • Election Commission of India directed to hold a fresh election for 29 Kotdwar Assembly Constituency at the earliest