DHARA SINGH versus DISTRICT JUDGE, MEERUT & ANR.

DHARA SINGH versus DISTRICT JUDGE, MEERUT & ANR.

The District Judge was entitled under the Rules to determine whether the uncounted ballot paper should be counted in favour of the second respondent, and correctly held that ballot paper No. 0045 was not an 'exhausted paper' as a preference for a continuing candidate was recorded.

Parties
Appellant: Dhara Singh; Respondent: District Judge, Meerut; Respondent: Pitam Singh
Jurisdiction
India
Judgment Date
18 August 1967
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated July 22, 1965 of Allahabad High Court in Civil Misc. Writ Petition No. 75 of 1964
Outcome
Appeal dismissed
Legal Topics
Interpretation of Election Rules, Counting of Preferences in Ballot Papers, Jurisdiction in Election Petitions
Election Law Interpretation of Election Rules Counting of Preferences in Ballot Papers Jurisdiction in Election Petitions

Case Brief

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Parties

Dhara Singh

Appellant

District Judge, Meerut

Respondent

Pitam Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated July 22, 1965 of Allahabad High Court in Civil Misc. Writ Petition No. 75 of 1964

Legal Issues

  1. 1 Whether the District Judge had jurisdiction to count ballot paper No. 0045 in favour of Pitam Singh
  2. 2 Whether ballot paper No. 0045 was an 'exhausted paper' under the Rules

Ratio Decidendi

The District Judge was entitled under the Rules to determine whether the uncounted ballot paper should be counted in favour of the second respondent, and correctly held that ballot paper No. 0045 was not an 'exhausted paper' as a preference for a continuing candidate was recorded.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs