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may 1954

Supreme Court of India · 1954-05-21

RATTAN ANMOL SINGH AND ANOTHER vs ATMA RAM AND OTHERS.

Citation / case number
SC 1953/1432
Court
Supreme Court of India
Petitioner
RATTAN ANMOL SINGH AND ANOTHER
Respondent
ATMA RAM AND OTHERS.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that under Section 33(1) of the Representation of the People Act, 1951, a nomination paper must be subscribed by a proposer and a seconder, and if they are illiterate, their thumb-marks must be attested to be valid. The Court ruled that the absence of attestation renders the nomination invalid, as attestation is a mandatory requirement under Rule 2(2) of the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951. The Court affirmed the Election Tribunal's decision to declare the election void due to the improper rejection of the nomination paper by the Returning Officer.

RATTAN ANMOL SINGH AND ANOTHER vs ATMA RAM AND OTHERS. · Niyam