KABUL SINGH versus KUNDAN SINGH & ORS.

KABUL SINGH versus KUNDAN SINGH & ORS.

Section 23(3) of the 1950 Act prohibits inclusion of names in the electoral roll after the prescribed last date for nominations, regardless of when the application for inclusion was made; such inclusions make the votes void. The exclusion of votes is proper even if the opposing party did not challenge their validity. Further, unless a voter is disqualified under section 16 of the 1950 Act, being on the electoral roll entitles the person to vote, and a subsequent government appointment does not constitute a disqualification under the Act.

Parties
Appellant: Kabul Singh; First Respondent: Kundan Singh
Jurisdiction
India
Judgment Date
13 August 1969
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Decision in Election Petition
Outcome
Appeal dismissed
Legal Topics
Electoral Roll, Validity of Votes, Statutory Interpretation, Disqualification of Voters
Election Law Electoral Roll Validity of Votes Statutory Interpretation Disqualification of Voters

Case Brief

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Parties

Kabul Singh

Appellant

Kundan Singh

First Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Decision in Election Petition

Legal Issues

  1. 1 Whether the inclusion of names in the electoral roll after the last date for filing nominations renders those votes void under section 23(3) of the Representation of the People Act, 1950?
  2. 2 Whether a person becomes disqualified to vote upon taking government service after inclusion in the electoral roll?
  3. 3 Whether exclusion of votes not challenged by the other party is permissible?

Ratio Decidendi

Section 23(3) of the 1950 Act prohibits inclusion of names in the electoral roll after the prescribed last date for nominations, regardless of when the application for inclusion was made; such inclusions make the votes void. The exclusion of votes is proper even if the opposing party did not challenge their validity. Further, unless a voter is disqualified under section 16 of the 1950 Act, being on the electoral roll entitles the person to vote, and a subsequent government appointment does not constitute a disqualification under the Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • The High Court declaration setting aside the appellant's election and declaring the first respondent as elected stands affirmed.