RAM DAYAL versus BRIJRAJ SINGH AND ORS.

RAM DAYAL versus BRIJRAJ SINGH AND ORS.

Amendment to include new grounds for setting aside election was not permissible after expiry of statutory period; nomination paper of Dhani Ram was rightly rejected for lack of attestation and authentication, and none of the corrupt practices or excessive election expenses alleged against Brijraj Singh were proved.

Parties
Appellant: Ram Dayal; Respondent No. 1: Brijraj Singh; Respondent No. 4: Chhotey Lal
Jurisdiction
India
Judgment Date
30 April 1969
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Election Petition Amendment Limitations, Rejection of Nomination Papers, Corrupt Practices and Election Expenses
Election Law Election Petition Amendment Limitations Rejection of Nomination Papers Corrupt Practices and Election Expenses

Case Brief

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Parties

Ram Dayal

Appellant

Brijraj Singh

Respondent No. 1

Chhotey Lal

Respondent No. 4

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Can amendment of an election petition to include new grounds be allowed after expiry of the period prescribed by s. 81(1)?
  2. 2 Was the rejection of nomination paper of Dhani Ram by the Returning Officer justified under Representation of the People Act, 1951?
  3. 3 Were the alleged corrupt practices and excess election expenses proved to affect the election validity?

Ratio Decidendi

Amendment to include new grounds for setting aside election was not permissible after expiry of statutory period; nomination paper of Dhani Ram was rightly rejected for lack of attestation and authentication, and none of the corrupt practices or excessive election expenses alleged against Brijraj Singh were proved.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs in favour of first respondent
  • Order of costs in favour of fourth respondent passed by High Court set aside