PRAHLADDAS KHANDELWAL versus NARENDRA KUMAR SALVE

PRAHLADDAS KHANDELWAL versus NARENDRA KUMAR SALVE

The omission to mention the Parliamentary Constituency in the nomination paper was a defect of substantial character; the Returning Officer was correct in rejecting the paper, and was not legally obligated to facilitate cure or rectification of such defect at scrutiny.

Parties
Appellant: Prahladdas Khandelwal; Respondent: Narendra Kumar Salve
Jurisdiction
India
Judgment Date
11 September 1972
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Election Petition No. 3 of 1971, Madhya Pradesh High Court at Jabalpur
Outcome
Appeal dismissed
Legal Topics
Rejection of Nomination Paper, Mandatory Requirements of Nomination Under Representation of the People Act, Defect in Hindi Nomination Form
Election Law Rejection of Nomination Paper Mandatory Requirements of Nomination Under Representation of the People Act Defect in Hindi Nomination Form

Case Brief

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Parties

Prahladdas Khandelwal

Appellant

Narendra Kumar Salve

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Election Petition No. 3 of 1971, Madhya Pradesh High Court at Jabalpur

Legal Issues

  1. 1 Whether omission to mention the name of the Parliamentary Constituency in the nomination paper is a defect of substantial character justifying rejection
  2. 2 Whether the Returning Officer is required to rectify such defect or notify the candidate

Ratio Decidendi

The omission to mention the Parliamentary Constituency in the nomination paper was a defect of substantial character; the Returning Officer was correct in rejecting the paper, and was not legally obligated to facilitate cure or rectification of such defect at scrutiny.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear own costs
  • Copies of judgment sent to Election Commission and Secretary, Ministry of Law, for attention to suggested Hindi form amendments