GANU RAM versus RIKHI RAM KAUNDAL AND ORS.

GANU RAM versus RIKHI RAM KAUNDAL AND ORS.

The certificate appended to the nomination paper specifying the appellant's scheduled caste fulfills the statutory requirement under section 33(2) of the Act; thus the nomination paper is valid and its acceptance by the Returning Officer was proper.

Parties
Appellant: Ganu Ram; Respondent: Rikhi Ram Kaundal
Jurisdiction
India
Judgment Date
17 July 1984
Procedural Posture
Civil Appeal / Judgment on Appeal From Himachal Pradesh High Court Decision in Election Petition
Outcome
Appeal allowed. Election of the appellant is upheld.
Legal Topics
Validity of Nomination Papers, Interpretation of Statutory Requirements for Reserved Seats, Scheduled Castes and Tribes
Election Law Validity of Nomination Papers Interpretation of Statutory Requirements for Reserved Seats Scheduled Castes and Tribes

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Parties

Ganu Ram

Appellant

Rikhi Ram Kaundal

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Himachal Pradesh High Court Decision in Election Petition

Legal Issues

  1. 1 Whether the requirements of section 33(2) of the Representation of the People Act, 1951 are satisfied when a candidate annexes a caste certificate to the nomination paper instead of declaring caste within the form itself
  2. 2 Whether the nomination paper was valid under the Act

Ratio Decidendi

The certificate appended to the nomination paper specifying the appellant's scheduled caste fulfills the statutory requirement under section 33(2) of the Act; thus the nomination paper is valid and its acceptance by the Returning Officer was proper.

Court Disposition

Appeal allowed. Election of the appellant is upheld.

Orders

  • Order of the High Court setting aside election of the appellant is set aside.
  • No order as to costs.