DR. ANUP SINGH vs SHRI ABDUL GHANI AND ANOTHER

The Supreme Court upheld the Election Tribunal's decision declaring the respondent elected, ruling that there was substantial compliance with Section 81(3) of the Representation of the People Act, 1951, and thus the election petition could not be dismissed under Section 90(3). The Court clarified that the term 'any mark or writing by which the elector can be identified' in Rule 73(2)(d) of the Conduct of Election Rules, 1961, requires a reasonable probability of identification, not actual proof, justifying the rejection of a ballot paper that could lead to identification.