SHRI SHANKAR BABAJI SAVANT vs SHRI SAKHARAM VITHOBA SALUNKHE AND OTHERS

The Supreme Court held that the presiding officer's improper refusal to allow 19 voters to cast their votes constituted a breach of Section 100(1)(d)(iii) of the Representation of the People Act, 1951. The Court clarified that this section encompasses not only the rejection of votes by the returning officer but also the refusal of votes by the presiding officer during polling. It ruled that the election petition's allegations were sufficient to cover this breach, and that errors regarding voters' names are not merely clerical errors under Rule 35(4) of the Conduct of Election Rules, 1961. Consequently, the High Court's decision to declare the election void was upheld.