N. T. VELUSWAMI THEVAR versus G. RAJA NAINAR AND OTHERS

N. T. VELUSWAMI THEVAR versus G. RAJA NAINAR AND OTHERS

In considering whether a nomination paper was improperly rejected under s. 100(1)(c) of the Representation of the People Act, 1951, the Election Tribunal is competent to entertain and decide grounds of disqualification other than those put forward before the Returning Officer. The expression 'improperly rejected' must be construed to refer to the qualification of the candidate as provided in s. 36(2) and not limited to the grounds taken before the Returning Officer.

Parties
Appellant: N. T. Veluswami Thevar; Respondent: G. Raja Nainar; Fourth Respondent: Arunachalam; Second Respondent: Chellapandian
Jurisdiction
India
Judgment Date
24 November 1958
Procedural Posture
Civil Appeal / Appeal by Special Leave From Madras High Court Judgment in Writ Petitions
Outcome
Appeal allowed
Legal Topics
Rejection of Nomination Paper, Jurisdiction of Election Tribunal, Disqualification Grounds, Election Petition Under Representation of the People Act
Election Law Rejection of Nomination Paper Jurisdiction of Election Tribunal Disqualification Grounds Election Petition Under Representation of the People Act

Case Brief

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Parties

N. T. Veluswami Thevar

Appellant

G. Raja Nainar

Respondent

Arunachalam

Fourth Respondent

Chellapandian

Second Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Madras High Court Judgment in Writ Petitions

Legal Issues

  1. 1 Whether Tribunal can entertain grounds of disqualification not raised before Returning Officer in an election petition under s. 100(1)(c) of the Representation of the People Act, 1951
  2. 2 Meaning and scope of 'improperly rejected' in s. 100(1)(c)
  3. 3 Whether writs under Article 226 can issue against interlocutory orders of Election Tribunal

Ratio Decidendi

In considering whether a nomination paper was improperly rejected under s. 100(1)(c) of the Representation of the People Act, 1951, the Election Tribunal is competent to entertain and decide grounds of disqualification other than those put forward before the Returning Officer. The expression 'improperly rejected' must be construed to refer to the qualification of the candidate as provided in s. 36(2) and not limited to the grounds taken before the Returning Officer.

Court Disposition

Appeal allowed

Orders

  • The orders of the lower court and writ petitions are dismissed.
  • The Election Tribunal is permitted to entertain grounds of disqualification not raised before the Returning Officer.