J. CHANDRASEKHARA RAO versus V. JAGAPATHI RAO AND NINE OTHERS

J. CHANDRASEKHARA RAO versus V. JAGAPATHI RAO AND NINE OTHERS

Positive and affirmative evidence is required to show the result of the election was materially affected; statistical margins alone or speculative redistribution of wasted votes do not suffice; no such evidence was provided by the appellant.

Parties
Appellant: J. Chandrasekhara Rao; Respondent: V. Jagapathi Rao; Respondents: Respondent No. 2 and others
Jurisdiction
India
Judgment Date
18 December 1992
Procedural Posture
Civil Appeal / Appeal From Decision of Andhra Pradesh High Court in Election Petition No. 6 of 1990
Outcome
appeal dismissed
Legal Topics
Improper Acceptance of Nomination, Material Effect on Election Result, Burden of Proof in Election Petitions
Election Law Improper Acceptance of Nomination Material Effect on Election Result Burden of Proof in Election Petitions

Case Brief

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Parties

J. Chandrasekhara Rao

Appellant

V. Jagapathi Rao

Respondent

Respondent No. 2 and others

Respondents

Procedural Posture

Civil Appeal / Appeal From Decision of Andhra Pradesh High Court in Election Petition No. 6 of 1990

Legal Issues

  1. 1 Whether the election of respondent No. 1 has been materially affected due to the improper acceptance of nomination of respondent No. 2, who was under 25 years of age and not eligible to contest

Ratio Decidendi

Positive and affirmative evidence is required to show the result of the election was materially affected; statistical margins alone or speculative redistribution of wasted votes do not suffice; no such evidence was provided by the appellant.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs