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january 1964

Supreme Court of India · 1964-01-17

RAM SEWAK YADAV vs HUSSAIN KAMIL KIDWAI & ORS.

Citation / case number
SC 1963/97
Court
Supreme Court of India
Petitioner
RAM SEWAK YADAV
Respondent
HUSSAIN KAMIL KIDWAI & ORS.
Bench
GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the Election Tribunal's refusal to grant an order for inspection of ballot papers was not justified, as the Tribunal had the authority to permit inspection under Sections 100(1)(d)(iii), 101, and 102 of the Representation of the People Act, 1951, and Rule 93 of the Conduct of Election Rules, 1961. The Court clarified that merely producing sealed boxes of ballot papers does not make them part of the record unless the Tribunal finds inspection necessary in the interests of justice. The Tribunal's decision was overturned, allowing for the possibility of inspection if warranted by the circumstances.

RAM SEWAK YADAV vs HUSSAIN KAMIL KIDWAI & ORS. · Niyam