Supreme Court of India · 1966-02-28
K.S. ABDUL AZEEZ vs RAMANATHAN CHETTIAR & ORS.
- Citation / case number
- SC 1965/21
- Court
- Supreme Court of India
- Petitioner
- K.S. ABDUL AZEEZ
- Respondent
- RAMANATHAN CHETTIAR & ORS.
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that under Section 36(4) of The Representation of the People Act, 1951, a returning officer cannot reject a nomination paper for defects that are not of a substantial character. The Court found that the candidate's nomination, which included only one reserved symbol and left the rest blank, did not constitute a substantial defect as per the provisions of Rule 4 of the Conduct of Election Rules, 1961. Consequently, the Court set aside the High Court's decision that had invalidated the election of the appellant.