GANESH NAGARAO RAUT DUDHAGAONKAR versus RAJANI SHANKARRAO SATAV AND ORS.

GANESH NAGARAO RAUT DUDHAGAONKAR versus RAJANI SHANKARRAO SATAV AND ORS.

Ballot papers with preferences only for eliminated candidates and not for continuing candidates are rightly treated as exhausted and not counted towards remaining candidates under Conduct of Election Rules, 1961, especially Rule 75(3).

Parties
Appellant: Ganeshnagaraoraududhagaonkar; Respondent 1: Rajani Shankarrao Satav
Jurisdiction
India
Judgment Date
09 December 1998
Procedural Posture
Civil Appeal / Appeal From High Court (judgment and Order Dated 12.3.96, Bombay High Court, E.p. No. 1 of 1994)
Outcome
Appeal dismissed
Legal Topics
Treatment of Exhausted Ballot Papers, Transfer of Votes, Preference Voting, Interpretation of Conduct of Election Rules, 1961
Election Law Treatment of Exhausted Ballot Papers Transfer of Votes Preference Voting Interpretation of Conduct of Election Rules, 1961

Case Brief

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Parties

Ganeshnagaraoraududhagaonkar

Appellant

Rajani Shankarrao Satav

Respondent 1

Procedural Posture

Civil Appeal / Appeal From High Court (judgment and Order Dated 12.3.96, Bombay High Court, E.p. No. 1 of 1994)

Legal Issues

  1. 1 Whether the Returning Officer was in error in declaring 71 ballot papers as exhausted and not considering further preferences for continuing candidates

Ratio Decidendi

Ballot papers with preferences only for eliminated candidates and not for continuing candidates are rightly treated as exhausted and not counted towards remaining candidates under Conduct of Election Rules, 1961, especially Rule 75(3).

Court Disposition

Appeal dismissed

Orders

  • No order as to costs