B. M. RAMASWAMY versus B. M. KRISHNAMURTHY AND OTHERS

B. M. RAMASWAMY versus B. M. KRISHNAMURTHY AND OTHERS

As the appellant's name was in the list of voters, he was qualified to be elected; alleged illegal inclusion could not be challenged in civil court, and the election could not be set aside on that ground.

Parties
Appellant: B. M. Ramaswamy; Respondent: B. M. Krishnamurthy; Respondents: Others
Jurisdiction
India
Judgment Date
30 July 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From Mysore High Court Judgment
Outcome
Appeal allowed.
Legal Topics
Validity of Electoral Roll, Improper Acceptance of Nominations, Jurisdiction of Civil Courts in Election Disputes
Election Law Local Government Validity of Electoral Roll Improper Acceptance of Nominations Jurisdiction of Civil Courts in Election Disputes

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Parties

B. M. Ramaswamy

Appellant

B. M. Krishnamurthy

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Mysore High Court Judgment

Legal Issues

  1. 1 Whether the inclusion of appellant's name in the electoral roll, though allegedly illegal, could result in setting aside the election by the civil court
  2. 2 Whether the civil court has jurisdiction to question the actions of the Electoral Registration Officer under the Representation of the People Act, 1950
  3. 3 Whether improper acceptance of nomination exists when the name is in the list of voters, even if included illegally

Ratio Decidendi

As the appellant's name was in the list of voters, he was qualified to be elected; alleged illegal inclusion could not be challenged in civil court, and the election could not be set aside on that ground.

Court Disposition

Appeal allowed.

Orders

  • The election petition is dismissed with costs throughout.