I. VIKHESHE SEMA versus HOKISHE SEMA

I. VIKHESHE SEMA versus HOKISHE SEMA

Without identifying and excluding void votes, and recounting valid votes, it cannot be concluded that the election result was materially affected. An inspection of ballot papers is necessary to determine the impact.

Parties
Appellant: I. Vikheshe Sema; Respondent: Hokishe Sema
Jurisdiction
India
Judgment Date
01 May 1996
Procedural Posture
Civil Appeal / Order on Appeal Against High Court Judgment
Outcome
Appeal allowed
Legal Topics
Legislative Assembly Elections, Election Petition, Void Votes, Recounting of Ballots
Election Law Legislative Assembly Elections Election Petition Void Votes Recounting of Ballots

Case Brief

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Parties

I. Vikheshe Sema

Appellant

Hokishe Sema

Respondent

Procedural Posture

Civil Appeal / Order on Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the reception of void votes materially affected the result of the election.
  2. 2 What is the correct application of Section 62 of the Representation of the People Act, 1951 regarding duplicate entries and voting more than once.

Ratio Decidendi

Without identifying and excluding void votes, and recounting valid votes, it cannot be concluded that the election result was materially affected. An inspection of ballot papers is necessary to determine the impact.

Court Disposition

Appeal allowed

Orders

  • High Court to send all ballot papers for Dimapur Constituency No. 1 to Supreme Court within four weeks.
  • Registrar (Judicial) of Supreme Court to inspect ballot papers, identify and exclude void votes for polling stations 5, 6, 21, and 28, and count votes for each candidate after notice to and presence of parties and counsel.