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august 1969

Supreme Court of India · 1969-08-13

JITENDRA BAHADUR SINGH vs KRISHNA BEHARI & ORS.

Citation / case number
SC 1968/60078
Court
Supreme Court of India
Petitioner
JITENDRA BAHADUR SINGH
Respondent
KRISHNA BEHARI & ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that for an election petition to warrant scrutiny of ballot papers, it must contain a sufficient statement of material facts as per the Election Rules. The Court emphasized that mere allegations without supporting evidence or personal knowledge from counting agents are inadequate. The High Court's decision to allow scrutiny based solely on insufficient allegations was overturned, reinforcing the principle that secrecy of ballot papers must be maintained unless there is a prima facie case for inspection. The appeal was allowed, and the High Court's order was set aside.

JITENDRA BAHADUR SINGH vs KRISHNA BEHARI & ORS. · Niyam