MANNI LAL versus SHRI PARMAI LAL & ORS.

MANNI LAL versus SHRI PARMAI LAL & ORS.

An appellate acquittal operates retrospectively, invalidating any previous conviction and consequential statutory disqualification under s. 8(2) of the Representation of the People Act, 1951, as of the date of conviction; thus the election cannot be declared void on that ground when decided post acquittal. The burden lies on the appellant to prove that rejected ballot marks were made with the instrument supplied; failure to do so upholds the Returning Officer’s rejection under the relevant election rules.

Parties
Appellant: Manni Lal; Respondent No. 1: Shri Parma Lal
Jurisdiction
India
Judgment Date
13 August 1970
Procedural Posture
Civil Appeal Under S. 116 a Representation of the People Act, 1951 / Supreme Court Appeal From Allahabad High Court Election Petition No. 1 of 1969
Outcome
Appeal dismissed
Legal Topics
Disqualification of Candidates, Rejection and Counting of Ballot Papers
Election Law Disqualification of Candidates Rejection and Counting of Ballot Papers

Case Brief

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Parties

Manni Lal

Appellant

Shri Parma Lal

Respondent No. 1

Procedural Posture

Civil Appeal Under S. 116 a Representation of the People Act, 1951 / Supreme Court Appeal From Allahabad High Court Election Petition No. 1 of 1969

Legal Issues

  1. 1 Whether subsequent acquittal in appeal removes retrospective disqualification under s. 8(2) of the Representation of the People Act, 1951 for a contesting candidate sentenced to imprisonment exceeding two years on the date of election
  2. 2 Whether ballot papers rejected as not marked with the instrument supplied should have been counted in favour of the appellant under r. 56(2)(b) of the Conduct of Election Rules, 1961

Ratio Decidendi

An appellate acquittal operates retrospectively, invalidating any previous conviction and consequential statutory disqualification under s. 8(2) of the Representation of the People Act, 1951, as of the date of conviction; thus the election cannot be declared void on that ground when decided post acquittal. The burden lies on the appellant to prove that rejected ballot marks were made with the instrument supplied; failure to do so upholds the Returning Officer’s rejection under the relevant election rules.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed with costs