TEK CHAND versus DILE RAM

TEK CHAND versus DILE RAM

On the date of scrutiny of nomination papers, Nikka Ram was not holding office of profit due to the operation of Rule 48-A of the Central Civil Services (Pension) Rules, 1972; thus, his nomination was not improperly accepted and there was no evidence that the votes secured by Nikka Ram would have gone to the respondent or materially affected the election result.

Parties
Appellant: Tek Chand; Respondent: Dile Ram
Jurisdiction
India
Judgment Date
24 January 2001
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 24.03.2000 of the Himachal Pradesh High Court in Election Petition No. 2/98
Outcome
Appeal allowed
Legal Topics
Void Election, Improper Acceptance of Nomination, Office of Profit, Voluntary Retirement, Material Effect on Election Result
Election Law Service Law Constitutional Law Void Election Improper Acceptance of Nomination Office of Profit Voluntary Retirement Material Effect on Election Result

Case Brief

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Parties

Tek Chand

Appellant

Dile Ram

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 24.03.2000 of the Himachal Pradesh High Court in Election Petition No. 2/98

Legal Issues

  1. 1 Whether at the relevant time Nikka Ram was holding an office of profit and his nomination paper was improperly accepted
  2. 2 Whether the result of the election, insofar as it concerned the appellant, had been materially affected so as to declare it void

Ratio Decidendi

On the date of scrutiny of nomination papers, Nikka Ram was not holding office of profit due to the operation of Rule 48-A of the Central Civil Services (Pension) Rules, 1972; thus, his nomination was not improperly accepted and there was no evidence that the votes secured by Nikka Ram would have gone to the respondent or materially affected the election result.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court are set aside
  • Election petition stands dismissed