KRISHNA MOHINI versus MOHINDER NATH SOFAT

KRISHNA MOHINI versus MOHINDER NATH SOFAT

Nomination papers of candidates set up by unrecognised political parties, subscribed by ten electors, must be accepted even if main candidate’s nomination is accepted; error or omission in symbol is not substantial defect; clerical error in timing for oath/affirmation does not invalidate nomination when oral testimony is clear; improper rejection of valid nomination renders election void.

Parties
Appellant: Krishna Mohini; Respondent: Mohinder Nath Sofat
Jurisdiction
India
Judgment Date
26 October 1999
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Nomination Papers, Recognition of Political Parties, Election Symbols Order, Oath and Affirmation, Improper Rejection of Nomination, Invalid Acceptance of Nomination
Election Law Nomination Papers Recognition of Political Parties Election Symbols Order Oath and Affirmation Improper Rejection of Nomination Invalid Acceptance of Nomination

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Parties

Krishna Mohini

Appellant

Mohinder Nath Sofat

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether nominations of candidates set up by unrecognised political parties, subscribed by ten electors, can be rejected if main candidate’s nomination accepted
  2. 2 Whether clerical error in timing of oath/affirmation invalidates nomination
  3. 3 Meaning and application of 'recognised political party' under Representation of the People Act, 1951

Ratio Decidendi

Nomination papers of candidates set up by unrecognised political parties, subscribed by ten electors, must be accepted even if main candidate’s nomination is accepted; error or omission in symbol is not substantial defect; clerical error in timing for oath/affirmation does not invalidate nomination when oral testimony is clear; improper rejection of valid nomination renders election void.

Court Disposition

appeal dismissed

Orders

  • Election of returned candidate set aside
  • No order as to costs