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july 1962

Supreme Court of India · 1962-07-30

B. M. RAMASWAMY vs B. M. KRISHNAMURTHY AND OTHERS

Citation / case number
SC 1962/45
Court
Supreme Court of India
Petitioner
B. M. RAMASWAMY
Respondent
B. M. KRISHNAMURTHY AND OTHERS
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 10 of the Mysore Village Panchayats and Local Boards Act, 1959, the appellant was duly qualified to contest the election as his name was included in the list of voters, despite the High Court's ruling that the inclusion was void due to a violation of Rule 26 of the Representation of the People Rules, 1956. The Court clarified that the legality of the Electoral Registration Officer's actions could not be challenged in civil court, and any mistakes in the electoral roll must be rectified through prescribed legal remedies. Consequently, the election of the appellant was upheld, and the High Court's decision was set aside.

B. M. RAMASWAMY vs B. M. KRISHNAMURTHY AND OTHERS · Niyam