KRISHAN BALLABH PRASAD SINGH versus SUB-DIVISIONAL OFFICER HILSA-CUM-RETURNING OFFICER AND ORS.

KRISHAN BALLABH PRASAD SINGH versus SUB-DIVISIONAL OFFICER HILSA-CUM-RETURNING OFFICER AND ORS.

The Supreme Court held that lawful declaration of election result must be made in Form 21C (for general elections) under Rule 64; mere announcement or certificate in Form 22 without Form 21C has no legal status. After declaration in Form 21C and completion of election process, the bar under Article 329(b) operates, barring writ petitions; challenges must be agitated through election petitions.

Parties
Petitioner: K.B. Prasad Singh; Respondent: Sub-Divisional Officer, Hilsa-cum Returning Officer; Respondent: Fourth Respondent (name not provided)
Jurisdiction
India
Judgment Date
12 August 1985
Procedural Posture
Petition for Special Leave to Appeal (civil) / Dismissal by Supreme Court
Outcome
petition dismissed
Legal Topics
Election Process Validity, Remedy Via Writ Petition Vs. Election Petition, Bar Under Article 329(b)
Election Law Constitutional Law Election Process Validity Remedy Via Writ Petition Vs. Election Petition Bar Under Article 329(b)

Case Brief

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Parties

K.B. Prasad Singh

Petitioner

Sub-Divisional Officer, Hilsa-cum Returning Officer

Respondent

Fourth Respondent (name not provided)

Respondent

Procedural Posture

Petition for Special Leave to Appeal (civil) / Dismissal by Supreme Court

Legal Issues

  1. 1 Whether issuance of certificate in Form 22 without declaration in Form 21C is valid under Representation of People Act, 1951
  2. 2 Whether writ petition is maintainable against election result after declaration in Form 21C
  3. 3 Whether the bar in Article 329(b) applies against challenging election results via writ petition

Ratio Decidendi

The Supreme Court held that lawful declaration of election result must be made in Form 21C (for general elections) under Rule 64; mere announcement or certificate in Form 22 without Form 21C has no legal status. After declaration in Form 21C and completion of election process, the bar under Article 329(b) operates, barring writ petitions; challenges must be agitated through election petitions.

Court Disposition

petition dismissed

Orders

  • Special Leave Petition dismissed
  • Writ petition not maintainable under Article 329(b); remedy lies in election petition