RATTAN ANMOL SINGH AND ANOTHER versus ATMA RAM AND OTHERS

RATTAN ANMOL SINGH AND ANOTHER versus ATMA RAM AND OTHERS

Nomination papers subscribed by illiterate proposers and seconders with thumb-marks lacking attestation are invalid under section 33 of the Representation of the People Act and rule 2(2). Attestation is a mandatory, substantial requirement and cannot be remedied at the scrutiny stage. The Returning Officer must reject such nominations.

Parties
Appellant: Rattan Anmol Singh; Appellant: Ram Prakash; Respondent: Atma Ram; Respondent: Respondents Nos. 3 and 19
Jurisdiction
India
Judgment Date
21 May 1954
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment and Order Dated 24th June, 1953, of the Election Tribunal, Ludhiana, in Election Petition No. 153 of 1952
Outcome
Appeals allowed
Legal Topics
Nomination Paper Validity, Attestation of Thumb Marks, Technical Defects Under Election Law
Election Law Civil Procedure Nomination Paper Validity Attestation of Thumb Marks Technical Defects Under Election Law

Case Brief

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Parties

Rattan Anmol Singh

Appellant

Ram Prakash

Appellant

Atma Ram

Respondent

Respondents Nos. 3 and 19

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment and Order Dated 24th June, 1953, of the Election Tribunal, Ludhiana, in Election Petition No. 153 of 1952

Legal Issues

  1. 1 Whether nomination papers subscribed by illiterate proposers and seconders with un-attested thumb-marks are valid
  2. 2 Whether attestation is a necessary formality under the Representation of the People Act and Rules
  3. 3 Whether attestation can be validated at the scrutiny stage

Ratio Decidendi

Nomination papers subscribed by illiterate proposers and seconders with thumb-marks lacking attestation are invalid under section 33 of the Representation of the People Act and rule 2(2). Attestation is a mandatory, substantial requirement and cannot be remedied at the scrutiny stage. The Returning Officer must reject such nominations.

Court Disposition

Appeals allowed

Orders

  • Order of the Election Tribunal declaring the elections of the two successful candidates to be wholly void is set aside.
  • Election petition is dismissed with costs.