RANJIT SINGH versus PRITAM SINGH & ORS.

RANJIT SINGH versus PRITAM SINGH & ORS.

The production of only a portion, and not a complete copy, of the relevant part of the electoral roll is non-compliance with s.33(5) and constitutes a defect of substantial character. The nomination papers of Wazir Singh were rightly rejected for this substantial defect, regardless of whether the returning officer stated the correct reason.

Parties
Appellant: Ranjit Singh; Respondent: Pritam Singh
Jurisdiction
India
Judgment Date
08 February 1966
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order of Punjab High Court, First Appeal From Order No. 1 E of 1964
Outcome
Appeal allowed. Election petition dismissed.
Legal Topics
Nomination Papers, Electoral Rolls, Requirements Under Representation of the People Act, 1950 S.33(5), Defects of Substantial Character in Nomination Papers
Election Law Nomination Papers Electoral Rolls Requirements Under Representation of the People Act, 1950 S.33(5) Defects of Substantial Character in Nomination Papers

Case Brief

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Parties

Ranjit Singh

Appellant

Pritam Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order of Punjab High Court, First Appeal From Order No. 1 E of 1964

Legal Issues

  1. 1 Whether s.33(5) of the Representation of the People Act, 1950 requires a copy of the electoral roll to be filed with each nomination paper.
  2. 2 Whether filing a copy of an assembly constituency electoral roll is sufficient for a parliamentary election.
  3. 3 Whether filing an incomplete copy of the relevant 'part' of the electoral roll is a defect of substantial character under s.36(4).

Ratio Decidendi

The production of only a portion, and not a complete copy, of the relevant part of the electoral roll is non-compliance with s.33(5) and constitutes a defect of substantial character. The nomination papers of Wazir Singh were rightly rejected for this substantial defect, regardless of whether the returning officer stated the correct reason.

Court Disposition

Appeal allowed. Election petition dismissed.

Orders

  • The appeal is allowed with costs.
  • The election petition is dismissed.