BHAG MAL versus CH. PARBHU RAM AND OTHERS

BHAG MAL versus CH. PARBHU RAM AND OTHERS

Where a returned candidate does not file a recrimination petition under s. 97(1) of the Representation of the People Act, 1951, in response to a double-prayer election petition, the Election Tribunal (High Court) lacks jurisdiction to scrutinize rejected votes pertaining to the returned candidate. Only the votes in favour of the election petitioner can be considered, and failure to comply with the statutory procedure bars the returned candidate from claiming such relief.

Parties
Appellant: Bhagmal; Respondent 1: Ch. Parbhu Ram; Respondents: Others
Jurisdiction
India
Judgment Date
30 October 1984
Procedural Posture
Election Appeal / Supreme Court Decision on Appeal From High Court Order on Election Petition
Outcome
Appeal dismissed by majority
Legal Topics
Representation of the People Act 1951, Recount of Votes, Recrimination Petition, Jurisdiction of Election Tribunal, Interpretation of Procedural Statutes
Election Law Representation of the People Act 1951 Recount of Votes Recrimination Petition Jurisdiction of Election Tribunal Interpretation of Procedural Statutes

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Parties

Bhagmal

Appellant

Ch. Parbhu Ram

Respondent 1

Others

Respondents

Procedural Posture

Election Appeal / Supreme Court Decision on Appeal From High Court Order on Election Petition

Legal Issues

  1. 1 Effect of omission to file recrimination petition by returned candidate under s. 97(1) of the Representation of the People Act, 1951
  2. 2 Jurisdiction of Election Tribunal/High Court to scrutinize rejected votes of returned candidate without recrimination
  3. 3 Whether procedure under s. 97(1) is mandatory for considering votes of returned candidate in double-prayer election petitions

Ratio Decidendi

Where a returned candidate does not file a recrimination petition under s. 97(1) of the Representation of the People Act, 1951, in response to a double-prayer election petition, the Election Tribunal (High Court) lacks jurisdiction to scrutinize rejected votes pertaining to the returned candidate. Only the votes in favour of the election petitioner can be considered, and failure to comply with the statutory procedure bars the returned candidate from claiming such relief.

Court Disposition

Appeal dismissed by majority

Orders

  • High Court order setting aside appellant's election and declaring respondent 1 duly elected is affirmed.