P.T RAJAN versus T.P.M. SAHIR AND ORS.

P.T RAJAN versus T.P.M. SAHIR AND ORS.

Non-compliance with Section 23(3) of the Representation of the People Act, 1950, regarding the time-bar on revision of the electoral roll, could render subsequent amendments void, but unless the election petitioner strictly pleads and proves the number of additions or deletions and their material effect on the election result, the result cannot be set aside. The appellant failed to provide such pleading and proof, thus the appeal is dismissed.

Parties
Appellant: P.T. Rajan; 1st Respondent: T.P.M. Sahir; Respondents: Other Respondents (Ors.)
Jurisdiction
India
Judgment Date
26 September 2003
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Electoral Roll Revision, Election Petition, Effect of Non Publication of Final Electoral Roll, Disenfranchisement
Election Law Electoral Roll Revision Election Petition Effect of Non Publication of Final Electoral Roll Disenfranchisement

Case Brief

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Parties

P.T. Rajan

Appellant

T.P.M. Sahir

1st Respondent

Other Respondents (Ors.)

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether non-publication of a final electoral roll renders a general election invalid in law
  2. 2 Whether revision, addition, and deletion of names in the electoral roll after the prescribed date invalidates the election
  3. 3 Whether compliance with Section 23(3) of the Representation of the People Act, 1950, is mandatory and the effect thereof

Ratio Decidendi

Non-compliance with Section 23(3) of the Representation of the People Act, 1950, regarding the time-bar on revision of the electoral roll, could render subsequent amendments void, but unless the election petitioner strictly pleads and proves the number of additions or deletions and their material effect on the election result, the result cannot be set aside. The appellant failed to provide such pleading and proof, thus the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No costs awarded