SHYAM SUNDER versus SATYA KETU & ORS.

SHYAM SUNDER versus SATYA KETU & ORS.

No decree is required to be prepared by the election tribunal after trial of an election petition, and hence no copy of decree is required for maintaining an appeal under section 116-A of the Representation of the People Act, 1951; a ballot indicating the figure 1 in any form, including Roman numeral, or with non-identifying extra words, is valid under Rule 73(2) of the Conduct of Election Rules, 1961.

Parties
Appellant: Shyam Sunder; Respondent: Satya Ketu
Jurisdiction
India
Judgment Date
05 October 1966
Procedural Posture
Civil Appeal / Supreme Court Appeal on Certificate From Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Election Petitions, Proportional Representation, Ballot Validity, Decree Requirement in Election Petitions, Appeals Under Representation of the People Act
Election Law Civil Procedure Election Petitions Proportional Representation Ballot Validity Decree Requirement in Election Petitions Appeals Under Representation of the People Act

Case Brief

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Parties

Shyam Sunder

Appellant

Satya Ketu

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal on Certificate From Allahabad High Court

Legal Issues

  1. 1 Whether appeal under section 116-A of the Representation of the People Act, 1951 requires filing of a decree of the election tribunal
  2. 2 Whether the election tribunal is to pass a decree or only an order/memorandum of costs
  3. 3 Whether under Rule 73(2) of the Conduct of Election Rules, 1961, a ballot paper indicating first preference with the Roman numeral I instead of the Arabic numeral 1 is valid

Ratio Decidendi

No decree is required to be prepared by the election tribunal after trial of an election petition, and hence no copy of decree is required for maintaining an appeal under section 116-A of the Representation of the People Act, 1951; a ballot indicating the figure 1 in any form, including Roman numeral, or with non-identifying extra words, is valid under Rule 73(2) of the Conduct of Election Rules, 1961.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed with costs.