RAGHBLR SINGH GILL versus GURCHARAN SINGH TOHRA & ORS.

RAGHBLR SINGH GILL versus GURCHARAN SINGH TOHRA & ORS.

Tampering with postal ballot papers proved; Section 94 does not bar voluntary disclosure by voters. The High Court's finding that the result of the election was materially affected by improper reception of votes stands. The grounds under Section 100(1)(d)(iii) are attracted and the election of the appellant is voided.

Source-derived case information.

Parties
Appellant: Raghbir Singh Gill; Respondent: Gurcharan Singh Tohra
Jurisdiction
India
Judgment Date
09 May 1980
Procedural Posture
Election Appeal Under Representation of the People Act, 1951 / Supreme Court Appellate Decision
Outcome
Appeal dismissed; election of appellant set aside; respondent declared elected.
Legal Topics
Secrecy of Ballot, Tampering of Postal Ballots, Grounds for Declaring Elections Void, Interpretation of Section 94 of Representation of the People Act, Purity of Elections
Election Law Constitutional Law Secrecy of Ballot Tampering of Postal Ballots Grounds for Declaring Elections Void Interpretation of Section 94 of Representation of the People Act Purity of Elections

Source-derived case record

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Parties

Raghbir Singh Gill

Appellant

Gurcharan Singh Tohra

Respondent

Procedural Posture

Election Appeal Under Representation of the People Act, 1951 / Supreme Court Appellate Decision

Legal Issues

  1. 1 Scope and interpretation of Section 94 of Representation of the People Act, 1951
  2. 2 Whether tampering with postal ballot papers justified setting aside election
  3. 3 Grounds under Section 100(1)(d)(iii) for declaring election void

Ratio Decidendi

Tampering with postal ballot papers proved; Section 94 does not bar voluntary disclosure by voters. The High Court's finding that the result of the election was materially affected by improper reception of votes stands. The grounds under Section 100(1)(d)(iii) are attracted and the election of the appellant is voided.

Court Disposition

Appeal dismissed; election of appellant set aside; respondent declared elected.

Orders

  • Appeal dismissed with costs.
  • Hearing fee in one set.