HARI SHANKAR PRASAD versus SHAHID ALI KHAN AND ORS.

HARI SHANKAR PRASAD versus SHAHID ALI KHAN AND ORS.

Where ballot papers are marked with a wrong stamp supplied by the polling staff by mistake and not through any fault of the voter, and the Election Commission has directed not to reject such ballots, those votes must be counted in favour of the candidate for whom they are cast. The High Court and Returning Officer erred in rejecting these votes without proper enquiry.

Parties
Appellant: Hari Shankar Prasad; Respondent No. 1: Shahid Ali Khan; Respondents: Others
Jurisdiction
India
Judgment Date
13 March 2003
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed; petitioner's election petition succeeds.
Legal Topics
Rejection of Ballot Papers, Validity of Votes, Election Commission Directions, Conduct of Election Rules
Election Law Rejection of Ballot Papers Validity of Votes Election Commission Directions Conduct of Election Rules

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Parties

Hari Shankar Prasad

Appellant

Shahid Ali Khan

Respondent No. 1

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether ballot papers marked with a wrong stamp supplied by the polling staff can be validly rejected under the Conduct of Election Rules, 1961
  2. 2 Whether the High Court and Returning Officer erred in disregarding the Election Commission's directions concerning such votes

Ratio Decidendi

Where ballot papers are marked with a wrong stamp supplied by the polling staff by mistake and not through any fault of the voter, and the Election Commission has directed not to reject such ballots, those votes must be counted in favour of the candidate for whom they are cast. The High Court and Returning Officer erred in rejecting these votes without proper enquiry.

Court Disposition

Appeal allowed; petitioner's election petition succeeds.

Orders

  • Declaration of respondent no. 1 as elected is set aside.
  • Petitioner-appellant Hari Shankar Prasad is declared elected from Sitamarhi Assembly Constituency No.67, State of Bihar.