HIRA SINGH PAL versus MADAN LAL

HIRA SINGH PAL versus MADAN LAL

The respondent's nomination papers were improperly rejected by the Returning Officer on the basis of clerical errors which could have been easily rectified or verified with the information available. Such improper rejection is not permissible under section 36 of the Representation of the People Act, 1951 and is a...

Source-derived case information.

Parties
Appellant: Hira Singh Pal; Respondent: Madan Lal
Jurisdiction
India
Judgment Date
15 January 1968
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Election Petition
Outcome
appeal dismissed
Legal Topics
Rejection of Nomination Papers, Duty of Returning Officer, Clerical Error in Nomination, Grounds for Setting Aside Election
Election Law Rejection of Nomination Papers Duty of Returning Officer Clerical Error in Nomination Grounds for Setting Aside Election

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Parties

Hira Singh Pal

Appellant

Madan Lal

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Election Petition

Legal Issues

  1. 1 Whether the rejection of the respondent’s nomination papers was improper under section 36 of the Representation of the People Act, 1951 and whether such rejection required the setting aside of the election under section 100 of the Act.

Ratio Decidendi

The respondent's nomination papers were improperly rejected by the Returning Officer on the basis of clerical errors which could have been easily rectified or verified with the information available. Such improper rejection is not permissible under section 36 of the Representation of the People Act, 1951 and is a valid ground to set aside the election under section 100 of the Act.

Court Disposition

appeal dismissed

Orders

  • Election set aside under section 100 of the Representation of the People Act, 1951
  • Each party to bear their own costs throughout