HARJIT SINGH MANN versus S. UMRAO SINGH AND OTHERS

HARJIT SINGH MANN versus S. UMRAO SINGH AND OTHERS

Failure to comply with the statutory requirement as to the time of delivery of nomination papers is a defect of substantial character requiring mandatory rejection of the nomination by the Returning Officer; and allegations of bribery must establish bargaining for votes, which was absent in this case.

Parties
Appellant: Harjit Singh Mann; Respondent No. 1: S. Umrao Singh; Respondents: Other Respondents
Jurisdiction
India
Judgment Date
12 December 1979
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court in E.p. No. 15/77, Decided on 7 2 1978
Outcome
Appeal dismissed with costs.
Legal Topics
Presentation and Scrutiny of Nomination Papers, Defect of Substantial Character, Corrupt Practice of Bribery
Election Law Presentation and Scrutiny of Nomination Papers Defect of Substantial Character Corrupt Practice of Bribery

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Parties

Harjit Singh Mann

Appellant

S. Umrao Singh

Respondent No. 1

Other Respondents

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Punjab and Haryana High Court in E.p. No. 15/77, Decided on 7 2 1978

Legal Issues

  1. 1 Whether rejection of nomination paper due to delay of 10 minutes was valid and a defect of substantial character under Section 36(4) of the Representation of the People Act, 1951
  2. 2 Whether failure to make and subscribe oath or affirmation at the time of presentation was established
  3. 3 Whether the respondent was guilty of the corrupt practice of bribery

Ratio Decidendi

Failure to comply with the statutory requirement as to the time of delivery of nomination papers is a defect of substantial character requiring mandatory rejection of the nomination by the Returning Officer; and allegations of bribery must establish bargaining for votes, which was absent in this case.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondents.