BASHIR AHMAD MAGREY versus GHULAM QUADIR MIR & ORS.

BASHIR AHMAD MAGREY versus GHULAM QUADIR MIR & ORS.

Even after excluding all votes found to have been improperly received and correcting for votes improperly rejected, the appellant retained a lead of 38 votes. Thus, the election was not materially affected and should not be declared void.

Parties
Appellant: Bashir Ahmad Magrey; Respondent No. 1: Ghulam Quadir Mir; Respondents: Respondents 2-5
Jurisdiction
India
Judgment Date
02 December 1976
Procedural Posture
Civil Appeal / Civil Appellate Jurisdiction; Appeal From Judgment and Order Dated 13 February 1976 of Jammu & Kashmir High Court in Election Petition No. 2 of 1972
Outcome
Appeal allowed; judgment of High Court set aside; election petition dismissed; cross-objections dismissed.
Legal Topics
Improper Reception or Rejection of Votes, Material Effect on Election Result, Scope of Election Petition Grounds, Validity of Ballot Papers
Election Law Improper Reception or Rejection of Votes Material Effect on Election Result Scope of Election Petition Grounds Validity of Ballot Papers

Case Brief

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Parties

Bashir Ahmad Magrey

Appellant

Ghulam Quadir Mir

Respondent No. 1

Respondents 2-5

Respondents

Procedural Posture

Civil Appeal / Civil Appellate Jurisdiction; Appeal From Judgment and Order Dated 13 February 1976 of Jammu & Kashmir High Court in Election Petition No. 2 of 1972

Legal Issues

  1. 1 Whether improper reception or rejection of votes materially affected the result of the election
  2. 2 Whether rejection of ballot papers bearing initials rather than full signatures of presiding officer invalidates election
  3. 3 Whether grounds not taken in the election petition can be raised in appeal

Ratio Decidendi

Even after excluding all votes found to have been improperly received and correcting for votes improperly rejected, the appellant retained a lead of 38 votes. Thus, the election was not materially affected and should not be declared void.

Court Disposition

Appeal allowed; judgment of High Court set aside; election petition dismissed; cross-objections dismissed.

Orders

  • The election of the appellant is upheld.
  • Election petition dismissed.