S. SIVASWAML versus V. MALAIKANNAN AND OTHERS

The rejection of ballot papers with markings partly in the candidate's column and partly in the shaded area or dividing line was erroneous. The Returning Officer was misled by an inaccurate illustration in the Tamil pamphlet and failed to follow the correct legal principles and instructions, vitiating the counting and declaration of results.

Parties: Appellant: S. Sivaswami; Respondent No. 1: V. Malaikannan; Respondent: Respondent No. 5
Jurisdiction: India
Judgment Date: 27 September 1983
Procedural Posture: Civil Appeal / Appeal by Special Leave From the Madras High Court Judgment on an Election Petition
Outcome: Appeal dismissed
Legal Topics: Rejection of Ballot Papers, Scrutiny and Recounting of Votes, Interpretation of Conduct of Election Rules

Election Law Rejection of Ballot Papers Scrutiny and Recounting of Votes Interpretation of Conduct of Election Rules

Case Brief

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6

Parties

S. Sivaswami

Appellant

V. Malaikannan

Respondent No. 1

Respondent No. 5

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Madras High Court Judgment on an Election Petition

Legal Issues

1 Whether ballot papers with marking partly in the column of a candidate and partly in the shaded area or dividing line should be rejected as invalid
2 Validity of the instructions and illustrations issued by the Chief Electoral Officer for Tamil Nadu regarding ballot paper scrutiny

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

All interim orders passed by the Court are vacated.
Registrar to forward copies of the judgment to the Election Commission of India and the Chief Electoral Officer, Tamil Nadu for necessary action.