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april 1960

Supreme Court of India · 1960-04-22

BRIJENDRALAL GUPTA AND ANOTHER vs JWALAPRASAD AND OTHERS.

Citation / case number
SC 1960/34
Court
Supreme Court of India
Petitioner
BRIJENDRALAL GUPTA AND ANOTHER
Respondent
JWALAPRASAD AND OTHERS.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the omission to declare age in a nomination paper constitutes a defect of substantial character under Section 36(4) of the Representation of the People Act, 1951. The Court ruled that the rejection of the nomination was proper, as the returning officer was not obligated to conduct an enquiry into the defect. The High Court's decision to set aside the election based on the improper rejection of the nomination was thus overturned, affirming the Election Tribunal's ruling.

BRIJENDRALAL GUPTA AND ANOTHER vs JWALAPRASAD AND OTHERS. · Niyam