SHRI SHANKAR BABAJI SA VANT versus SHRI SAKHARAM. VITHOBA SALUNKHE AND OTHERS

SHRI SHANKAR BABAJI SA VANT versus SHRI SAKHARAM. VITHOBA SALUNKHE AND OTHERS

Improper refusal of 18 votes by the presiding officer, which prevented them from becoming valid votes and counted, materially affected the election result; therefore, the appellant's election was rightly set aside under s. 100(1)(d)(iii) of the Representation of the People Act, 1951.

Parties
Appellant: Shankar Babaji Savant; Respondent: Sakharam Vithoba Salunkhe; Respondents: Respondents Nos. 5 and 6
Jurisdiction
India
Judgment Date
09 December 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed with costs; election of appellant set aside.
Legal Topics
Improper Refusal of Votes, Conduct of Election Rules, Representation of the People Act, Identity of Voters, Disregard of Errors in Electoral Roll
Election Law Improper Refusal of Votes Conduct of Election Rules Representation of the People Act Identity of Voters Disregard of Errors in Electoral Roll

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shankar Babaji Savant

Appellant

Sakharam Vithoba Salunkhe

Respondent

Respondents Nos. 5 and 6

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether an improper refusal of votes by the presiding officer constitutes a ground under s. 100(1)(d)(iii) of the Representation of the People Act, 1951
  2. 2 Whether errors in the electoral roll regarding name or father's name disqualify the elector from voting or may be disregarded by the presiding officer
  3. 3 Whether the improper refusal of 18 votes affected the outcome of the election

Ratio Decidendi

Improper refusal of 18 votes by the presiding officer, which prevented them from becoming valid votes and counted, materially affected the election result; therefore, the appellant's election was rightly set aside under s. 100(1)(d)(iii) of the Representation of the People Act, 1951.

Court Disposition

Appeal dismissed with costs; election of appellant set aside.

Orders

  • Election of Shankar Babaji Savant declared void.
  • Appeal dismissed with costs.