SH. DHARMVIR versus AMAR SINGH

SH. DHARMVIR versus AMAR SINGH

The appellant's election was materially affected by improper rejection of votes obtained by the rival candidate, resulting from double marking, defacement, and mutilation during counting. High Court rightly declared appellant's election void under Section 100(1)(d); but High Court's order of disqualification for six years was incompetent due to Section 8-A.

Parties
Appellant: Sh. Dharmvir; Respondent: Amar Singh; Respondent: Bansi Lal; Respondent: Petitioners 1 to 3; Party (slp): Returning Officer, PW 9, M.L. Sharwan
Jurisdiction
India
Judgment Date
06 February 1996
Procedural Posture
Civil Appeal / Final Decision (supreme Court)
Outcome
appeals and special leave petition dismissed; election declared void; disqualification for six years set aside
Legal Topics
Corrupt Practices, Improper Rejection of Votes, Disqualification, Scrutiny of Ballot Papers
Election Law Corrupt Practices Improper Rejection of Votes Disqualification Scrutiny of Ballot Papers

Case Brief

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Parties

Sh. Dharmvir

Appellant

Amar Singh

Respondent

Bansi Lal

Respondent

Petitioners 1 to 3

Respondent

Returning Officer, PW 9, M.L. Sharwan

Party (slp)

Procedural Posture

Civil Appeal / Final Decision (supreme Court)

Legal Issues

  1. 1 Whether the returned candidate committed corrupt practices of undue influence during counting of votes
  2. 2 Whether the Returning Officer improperly rejected valid votes polled in favour of the rival candidate
  3. 3 Whether the High Court was competent to order disqualification for six years

Ratio Decidendi

The appellant's election was materially affected by improper rejection of votes obtained by the rival candidate, resulting from double marking, defacement, and mutilation during counting. High Court rightly declared appellant's election void under Section 100(1)(d); but High Court's order of disqualification for six years was incompetent due to Section 8-A.

Court Disposition

appeals and special leave petition dismissed; election declared void; disqualification for six years set aside

Orders

  • Election of appellant to Haryana State Assembly seat (67-Toshan) set aside and declared void
  • Disqualification of appellant for six years from seeking election set aside