JAIDRATH SINGH AND ANR. versus JIVENDRA KUMAR AND ORS.

JAIDRATH SINGH AND ANR. versus JIVENDRA KUMAR AND ORS.

Drawing of lots between two candidates who have equal number of votes but neither secures the quota is not permitted unless the Rules provide for such a contingency. The election declared by drawing of lots was invalid, and the office must be declared vacant.

Parties
Appellant: Jaidrath Singh; Respondent: Jivendra Kumar; Respondent: Manvendra; Respondent: Smt. Gayatri Verma
Jurisdiction
India
Judgment Date
15 February 2000
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals and special leave petition dismissed.
Legal Topics
Election of Adhyaksha/president, Election Disputes, Drawing of Lots, Quota of Votes
Election Law Election of Adhyaksha/president Election Disputes Drawing of Lots Quota of Votes

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Parties

Jaidrath Singh

Appellant

Jivendra Kumar

Respondent

Manvendra

Respondent

Smt. Gayatri Verma

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether drawing of lots was valid when both candidates failed to secure the required quota of votes
  2. 2 Whether declaration of vacancy in the office of Adhyaksha was justified

Ratio Decidendi

Drawing of lots between two candidates who have equal number of votes but neither secures the quota is not permitted unless the Rules provide for such a contingency. The election declared by drawing of lots was invalid, and the office must be declared vacant.

Court Disposition

Appeals and special leave petition dismissed.

Orders

  • Declaration that the office of Adhyaksha was vacant upheld.
  • No order as to costs.