K.S. ABDUL AZEEZ versus RAMANATHAN CHETTIAR & ORS.

K.S. ABDUL AZEEZ versus RAMANATHAN CHETTIAR & ORS.

Mentioning only a reserved symbol and leaving the rest of the spaces blank in the nomination paper constitutes 'failure to complete' or 'defect in completing' the declaration as to symbols, and under the proviso to Rule 4, this is not a defect of substantial character for the purpose of rejecting a nomination paper under s.36(4).

Parties
Appellant: K. S. Abdul Azeez; Respondent: Ramanathan Chettiar; Respondent: Respondent 2; Respondent: Respondent 3; Respondent: Respondent 4; Respondent: Peyathevar
Jurisdiction
India
Judgment Date
28 February 1966
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Nomination Paper Defects, Conduct of Elections, Choice of Symbols
Election Law Nomination Paper Defects Conduct of Elections Choice of Symbols

Case Brief

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Parties

K. S. Abdul Azeez

Appellant

Ramanathan Chettiar

Respondent

Respondent 2

Respondent

Respondent 3

Respondent

Respondent 4

Respondent

Peyathevar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether failure to specify three symbols in the nomination paper, with only one reserved symbol filled and the rest left blank, is a defect of substantial character warranting rejection under s.36(4) of the Representation of the People Act, 1951

Ratio Decidendi

Mentioning only a reserved symbol and leaving the rest of the spaces blank in the nomination paper constitutes 'failure to complete' or 'defect in completing' the declaration as to symbols, and under the proviso to Rule 4, this is not a defect of substantial character for the purpose of rejecting a nomination paper under s.36(4).

Court Disposition

appeal dismissed

Orders

  • appeal fails and is dismissed
  • no order as to costs