SMT. LATA DEVI (MALI) versus HARU RAJWAR

SMT. LATA DEVI (MALI) versus HARU RAJWAR

The respondent failed to discharge the burden of proving by affirmative evidence that the change of symbol materially affected the result of the election in so far as it concerned the returned candidate; thus, the election of the appellant cannot be declared void.

Parties
Appellant: Smt. Lata Devi (Mali); Respondent: Haru Rajwar
Jurisdiction
India
Judgment Date
22 August 1989
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Election Petition, Symbol Allotment, Materially Affected Result, Representation of the People Act, Conduct of Election Rules
Election Law Election Petition Symbol Allotment Materially Affected Result Representation of the People Act Conduct of Election Rules

Case Brief

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Parties

Smt. Lata Devi (Mali)

Appellant

Haru Rajwar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether the change of election symbol materially affected the result against the returned candidate?
  2. 2 Was there violation of section 30(d) of the Representation of the People Act, 1951 or Rule 10(5) of the Conduct of Election Rules, 1961, and did it warrant voiding the election?

Ratio Decidendi

The respondent failed to discharge the burden of proving by affirmative evidence that the change of symbol materially affected the result of the election in so far as it concerned the returned candidate; thus, the election of the appellant cannot be declared void.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • Appellant's election reinstated
  • Respondent's election petition dismissed