HARCHARAN SINGH vs MOHINDER SINGH & ORS.

The Supreme Court held that under Section 33(5) and Section 36(4) of the Representation of the People Act, a returning officer may accept a nomination paper with defects unless they are of a substantial character. In this case, the appellant's nomination was initially accepted despite a defective certificate that omitted his age and house number. The Court found that the defects were not substantial, as the appellant's age was provided in the nomination paper and no objections were raised during scrutiny. Consequently, the election was upheld, reversing the High Court's decision to set it aside.