SOMNATH RATH versus BIKRAM K. ARUKH AND ORS.

SOMNATH RATH versus BIKRAM K. ARUKH AND ORS.

The nomination paper of respondent No. 7 was improperly rejected, and he was not disqualified under Section 9A; therefore, the election must be set aside under Section 100(1)(c) without any enquiry into material effect.

Parties
Appellant: SO MN A TH RA TH; Respondent: BIKRAM K. ARUKH; Respondent: Panchanan Das; Respondent: Pratap Chandra Swain; Respondent: Rajendra Kumar Sahu; Respondent: Ors.
Jurisdiction
India
Judgment Date
14 September 1999
Procedural Posture
Civil Appeal / Decision on Appeal Against High Court Dismissal of Election Petition
Outcome
Appeal allowed, election of returned candidate set aside
Legal Topics
Nomination Papers, Disqualification, Improper Rejection, Material Effect, Public Distribution System, Government Contracts
Election Law Nomination Papers Disqualification Improper Rejection Material Effect Public Distribution System Government Contracts

Case Brief

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Parties

SO MN A TH RA TH

Appellant

BIKRAM K. ARUKH

Respondent

Panchanan Das

Respondent

Pratap Chandra Swain

Respondent

Rajendra Kumar Sahu

Respondent

Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal Against High Court Dismissal of Election Petition

Legal Issues

  1. 1 Whether rejection of nomination paper of respondent No. 7 was improper
  2. 2 Whether a dealer under Public Distribution System is disqualified under Section 9A of the Representation of People Act, 1951
  3. 3 Whether enquiry into 'material effect' is required under Section 100(1)(c) for improper rejection

Ratio Decidendi

The nomination paper of respondent No. 7 was improperly rejected, and he was not disqualified under Section 9A; therefore, the election must be set aside under Section 100(1)(c) without any enquiry into material effect.

Court Disposition

Appeal allowed, election of returned candidate set aside

Orders

  • Election petition allowed to the extent indicated; election of respondent No. 1 set aside under Section 100(1)(c) of the Representation of People Act, 1951
  • Each party to bear own costs