SANTOSH YADAV versus NARENDER SINGH

SANTOSH YADAV versus NARENDER SINGH

The appellant failed to discharge the strict burden of proof to show, by positive and cogent evidence, that the improper acceptance of nomination materially affected the election result for the returned candidate. Mere arithmetic of wasted votes or conjecture is insufficient; without specific pleadings and evidence, the election cannot be set aside.

Parties
Appellant: Santosh Yadav; Respondent: Narender Singh
Jurisdiction
India
Judgment Date
30 October 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court Judgment and Order Dated 9.1.2001 in Election Petition No.1 of 2000
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Improper Acceptance of Nomination, Burden of Proof in Election Disputes, Material Effect on Election Result
Election Law Improper Acceptance of Nomination Burden of Proof in Election Disputes Material Effect on Election Result

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Parties

Santosh Yadav

Appellant

Narender Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court Judgment and Order Dated 9.1.2001 in Election Petition No.1 of 2000

Legal Issues

  1. 1 Whether the election of the respondent was materially affected by the improper acceptance of nomination of another candidate under Representation of People Act, 1951, Section 100(1)(d)(i)

Ratio Decidendi

The appellant failed to discharge the strict burden of proof to show, by positive and cogent evidence, that the improper acceptance of nomination materially affected the election result for the returned candidate. Mere arithmetic of wasted votes or conjecture is insufficient; without specific pleadings and evidence, the election cannot be set aside.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Appeal and cross objections dismissed; no order as to costs.