CHHEDI RAM versus JHILMIT RAM & OTHERS

CHHEDI RAM versus JHILMIT RAM & OTHERS

Where a candidate whose nomination was improperly accepted secures substantially more votes than the difference between the successful candidate and the runner-up, and those votes bear a high proportion to the winner's, there is a reasonable probability the result was materially affected; the burden of proof has been discharged in such circumstances.

Parties
Appellant: Chhedi Ram; Respondent No. 1: Jhilmīt Ram; Respondent No. 2: Pramod Swarup
Jurisdiction
India
Judgment Date
05 December 1983
Procedural Posture
Civil Appeal / Decision on Appeal From the Judgment and Order Dated 5th January, 1981 of the Allahabad High Court in Election Petition No. 25 of 1980
Outcome
Appeal allowed; election of returned candidate set aside.
Legal Topics
Improper Acceptance of Nomination, Materially Affected Result of Election, Reserved Constituencies, Burden of Proof
Election Law Improper Acceptance of Nomination Materially Affected Result of Election Reserved Constituencies Burden of Proof

Case Brief

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Parties

Chhedi Ram

Appellant

Jhilmīt Ram

Respondent No. 1

Pramod Swarup

Respondent No. 2

Procedural Posture

Civil Appeal / Decision on Appeal From the Judgment and Order Dated 5th January, 1981 of the Allahabad High Court in Election Petition No. 25 of 1980

Legal Issues

  1. 1 Whether the improper acceptance of a candidate's nomination in a reserved constituency materially affected the result of the election under s. 100(1)(d) of the Representation of the People Act, 1951

Ratio Decidendi

Where a candidate whose nomination was improperly accepted secures substantially more votes than the difference between the successful candidate and the runner-up, and those votes bear a high proportion to the winner's, there is a reasonable probability the result was materially affected; the burden of proof has been discharged in such circumstances.

Court Disposition

Appeal allowed; election of returned candidate set aside.

Orders

  • The finding that Moti Ram was not entitled to contest the reserved constituency is affirmed.
  • Election result materially affected; election is set aside.