DILIP KUMAR GON versus DURGA PRASAD SINGH

DILIP KUMAR GON versus DURGA PRASAD SINGH

Rejection of a nomination paper for failure to strike off 'Scheduled Caste/Tribe' or specify caste in a general constituency is improper as there is no statutory requirement for such specification; thus, the omission does not amount to a defect of substantial character.

Parties
Appellant: Dilip Kumar Gon; Respondent: Durga Prasad Singh
Jurisdiction
India
Judgment Date
04 November 1974
Procedural Posture
Civil Appeal / Appeal From Patna High Court Election Petition
Outcome
Appeal allowed
Legal Topics
Nomination Papers, Scheduled Caste/tribe Declaration, Improper Rejection of Nomination
Election Law Nomination Papers Scheduled Caste/tribe Declaration Improper Rejection of Nomination

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Parties

Dilip Kumar Gon

Appellant

Durga Prasad Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Election Petition

Legal Issues

  1. 1 Whether omission to fill caste and failure to strike off 'Scheduled Caste/Tribe' in the nomination paper for a general constituency amounts to a defect justifying rejection of nomination paper

Ratio Decidendi

Rejection of a nomination paper for failure to strike off 'Scheduled Caste/Tribe' or specify caste in a general constituency is improper as there is no statutory requirement for such specification; thus, the omission does not amount to a defect of substantial character.

Court Disposition

Appeal allowed

Orders

  • Election petition allowed
  • Election of Durga Prasad Singh declared void