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december 1963

Supreme Court of India · 1963-12-20

JABAR SINGH vs GENDA LAL

Citation / case number
SC 1963/102
Court
Supreme Court of India
Petitioner
JABAR SINGH
Respondent
GENDA LAL
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that under Section 100(1)(d) of the Representation of the People Act, the scope of inquiry is limited to determining whether any votes were improperly cast for the returned candidate or improperly rejected for another candidate. The Court clarified that the onus is on the petitioner to prove allegations of improper voting, and Section 97 does not apply in such cases. The Tribunal's decision to declare the appellant's election void was upheld, as the inquiry confirmed that the respondent's votes were improperly accepted, leading to the conclusion that the appellant did not secure a majority.

JABAR SINGH vs GENDA LAL · Niyam