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Election law

RAJENDRA KUMAR MESHRAM versus VANSHMANI PRASAD VERMA AND ANR.

The High Court erred in declaring the appellant's election void without determining whether the improper acceptance of nomination had materially affected the result, as required by Section 100(1)(d) of the Representation of People Act, 1951. Additionally, there was no pleading or evidence that the appellant was not qualified to contest as a voter of the State, which would be necessary to invoke Section 100(1)(a). The order of the High Court was therefore unsustainable.

Source excerpt

  • Improper acceptance of nomination
  • Void election
  • Material effect on result
  • Electoral roll requirement
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Election law

KALYAN KUMAR GOGOI versus ASHUTOSH AGNIHOTRI AND ANOTHER

The appellant failed to prove, beyond reasonable doubt, that the election result was materially affected by the change of venue of the polling station; evidence adduced, including claims of disenfranchised voters, was exaggerated, unreliable, and largely hearsay. Non-compliance, if any, was by election officers, not the returned candidate. There is no basis for presuming that alleged voters who did not cast ballots would have voted for the appellant.

Source excerpt

  • Void election
  • Non-compliance with election statutes
  • Hearsay evidence
  • Burden of proof
  • Material effect on result
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.