HARCHARAN SINGH versus MOHINDER SINGH & ORS.

HARCHARAN SINGH versus MOHINDER SINGH & ORS.

The copy of the relevant entries from the electoral roll was defective, but the defect was not of a substantial character as the details for identifying the appellant as an elector were furnished, and no objection was raised at the scrutiny. The returning officer acted correctly in not rejecting the nomination paper, and the election was not materially affected by the defect.

Parties
Appellant: Harcharan Singh; Respondent: Mohinder Singh; Respondents: Ors.
Jurisdiction
India
Judgment Date
01 May 1968
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court in Election Petition No. 4 of 1967
Outcome
Appeal allowed
Legal Topics
Nomination Paper Scrutiny, Defect in Electoral Roll, Substantial Character of Defect, Purity of Election Process
Election Law Nomination Paper Scrutiny Defect in Electoral Roll Substantial Character of Defect Purity of Election Process

Case Brief

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Parties

Harcharan Singh

Appellant

Mohinder Singh

Respondent

Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court in Election Petition No. 4 of 1967

Legal Issues

  1. 1 Whether defect in certified copy of entries from electoral roll produced with nomination paper is substantial under s. 36(4) of Representation of the People Act, 1951
  2. 2 Whether improper acceptance of nomination materially affected the election result

Ratio Decidendi

The copy of the relevant entries from the electoral roll was defective, but the defect was not of a substantial character as the details for identifying the appellant as an elector were furnished, and no objection was raised at the scrutiny. The returning officer acted correctly in not rejecting the nomination paper, and the election was not materially affected by the defect.

Court Disposition

Appeal allowed

Orders

  • Order of Punjab and Haryana High Court set aside
  • Election petition of Mohinder Singh rejected