P. MALAICHAMI versus M. ANDI AMBALAM & ORS.

P. MALAICHAMI versus M. ANDI AMBALAM & ORS.

Failure to properly file a recrimination petition under Section 97 of the Representation of the People Act, 1951 deprives the successful candidate of the right to challenge votes improperly received or rejected for the respondent seeking a declaration of election. The Election Tribunal cannot consider such evidence unless the statutory requirements are fulfilled; procedure set by statute must be followed for relief, and the High Court had no jurisdiction to disregard Section 97 in recounting votes.

Parties
Appellant: P. Malaichami; Respondent No. 1: M. Andi Ambalam; Respondents: Respondents Nos. 3 and 4
Jurisdiction
India
Judgment Date
18 April 1973
Procedural Posture
Civil Appeal / Final Judgment (supreme Court)
Outcome
Appeal dismissed
Legal Topics
Recount of Votes, Recrimination Petition Under Section 97, Jurisdiction of Election Tribunal
Election Law Recount of Votes Recrimination Petition Under Section 97 Jurisdiction of Election Tribunal

Case Brief

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Parties

P. Malaichami

Appellant

M. Andi Ambalam

Respondent No. 1

Respondents Nos. 3 and 4

Respondents

Procedural Posture

Civil Appeal / Final Judgment (supreme Court)

Legal Issues

  1. 1 Whether the successful candidate must file a recrimination petition under Section 97 when a defeated candidate seeks to be declared elected
  2. 2 Whether recounting of votes without compliance with Section 97 is sustainable
  3. 3 Jurisdictional limits of Election Tribunal under the Representation of the People Act

Ratio Decidendi

Failure to properly file a recrimination petition under Section 97 of the Representation of the People Act, 1951 deprives the successful candidate of the right to challenge votes improperly received or rejected for the respondent seeking a declaration of election. The Election Tribunal cannot consider such evidence unless the statutory requirements are fulfilled; procedure set by statute must be followed for relief, and the High Court had no jurisdiction to disregard Section 97 in recounting votes.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay costs to the first respondent
  • Special Leave Petition 1347/72 dismissed