TADUR BALA GOUD versus M. NARAYAN REDDY & ORS.

TADUR BALA GOUD versus M. NARAYAN REDDY & ORS.

The officers concerned were duly appointed and authorised by the competent authority (Secretary to the Election Commission). Notification by exhibition on notice boards constitutes sufficient notice. The High Court erred in setting aside the election on this ground.

Parties
Appellant: Tadur Bala Goud; Respondent: M. Narayan Reddy; Respondents: Others
Jurisdiction
India
Judgment Date
27 February 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Andhra Pradesh High Court's Order Setting Aside the Election
Outcome
Appeal allowed
Legal Topics
Appointment of Returning Officers, Authentication of Notifications, Publication Requirements, Notice and Sufficiency Under Election Procedures
Election Law Administrative Law Appointment of Returning Officers Authentication of Notifications Publication Requirements Notice and Sufficiency Under Election Procedures

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Parties

Tadur Bala Goud

Appellant

M. Narayan Reddy

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Andhra Pradesh High Court's Order Setting Aside the Election

Legal Issues

  1. 1 Whether Additional Assistant Returning Officers were duly appointed and authorised by the Election Commission for Nizamabad Parliamentary Constituency
  2. 2 Whether the notification appointing them required publication in the Gazette
  3. 3 Whether exhibition of notification on notice boards constitutes sufficient notice

Ratio Decidendi

The officers concerned were duly appointed and authorised by the competent authority (Secretary to the Election Commission). Notification by exhibition on notice boards constitutes sufficient notice. The High Court erred in setting aside the election on this ground.

Court Disposition

Appeal allowed

Orders

  • Order of High Court setting aside the election and directing fresh counting of votes is set aside
  • No order as to costs