KESHAV LAXMAN BORKAR versus DR. DEVRAO LAXMAN ANANDE

KESHAV LAXMAN BORKAR versus DR. DEVRAO LAXMAN ANANDE

Votes cast for a candidate whose nomination was accepted at the time of polling cannot be treated as thrown away merely because the candidate is later found disqualified; the appellant did not receive the majority of valid votes and cannot be declared elected.

Parties
Appellant: Keshav Laxman Borkar; Respondent: Dr. Devrao Laxman Anande
Jurisdiction
India
Judgment Date
30 September 1959
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Bombay High Court, Arising Out of Election Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Void Election, Office of Profit, Majority of Valid Votes, Representation of the People Act, Ballot Validity
Election Law Constitutional Law Void Election Office of Profit Majority of Valid Votes Representation of the People Act Ballot Validity

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Parties

Keshav Laxman Borkar

Appellant

Dr. Devrao Laxman Anande

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Bombay High Court, Arising Out of Election Tribunal Decision

Legal Issues

  1. 1 Whether the Election Tribunal erred in declaring the appellant duly elected after respondent's election was set aside
  2. 2 How majority of valid votes is determined when votes are cast for a candidate later found disqualified

Ratio Decidendi

Votes cast for a candidate whose nomination was accepted at the time of polling cannot be treated as thrown away merely because the candidate is later found disqualified; the appellant did not receive the majority of valid votes and cannot be declared elected.

Court Disposition

Appeal dismissed

Orders

  • No order for costs as respondent did not appear