BABURAO versus MANIKRAO AND ANR.

BABURAO versus MANIKRAO AND ANR.

A candidate's appearance of name in the electoral roll for more than one constituency does not constitute a disqualification to contest an election from any one constituency under provided statutes; objection should have been raised prior to inclusion. Sections 17 and 18 of the Representation of People Act, 1950 are mandatory for electoral roll management but do not automatically trigger election disqualification upon contravention. The grounds for disqualification are specifically enumerated, and the facts of the present case do not satisfy any such grounds. Consequently, the election petition fails.

Parties
Appellant: Baburao; Respondent No. 1: Manikrao; Respondent No. 2: Returning Officer (Respondent No. 2)
Jurisdiction
India
Judgment Date
13 May 1999
Procedural Posture
Civil Appeal / Appeal From Dismissal of Election Petition by Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Disqualification of Candidates, Electoral Rolls, Elections to State Legislative Assembly
Constitutional Law Election Law Disqualification of Candidates Electoral Rolls Elections to State Legislative Assembly

Case Brief

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Parties

Baburao

Appellant

Manikrao

Respondent No. 1

Returning Officer (Respondent No. 2)

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Dismissal of Election Petition by Bombay High Court

Legal Issues

  1. 1 Does appearance of a candidate's name in the electoral roll of more than one constituency constitute a disqualification to contest from any one of the constituencies?
  2. 2 Are Sections 17 and 18 of the Representation of People Act, 1950 mandatory or directory?
  3. 3 Was the nomination of the first respondent liable to be rejected under the law?

Ratio Decidendi

A candidate's appearance of name in the electoral roll for more than one constituency does not constitute a disqualification to contest an election from any one constituency under provided statutes; objection should have been raised prior to inclusion. Sections 17 and 18 of the Representation of People Act, 1950 are mandatory for electoral roll management but do not automatically trigger election disqualification upon contravention. The grounds for disqualification are specifically enumerated, and the facts of the present case do not satisfy any such grounds. Consequently, the election petition fails.

Court Disposition

Appeal dismissed

Orders

  • Election Petition dismissed
  • No order as to costs