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december 1969

Supreme Court of India · 1969-12-18

HARI VISHNU KAMATH vs GOPAL SWARUP PATHAK

Citation / case number
SC 1969/60089
Court
Supreme Court of India
Petitioner
HARI VISHNU KAMATH
Respondent
GOPAL SWARUP PATHAK
Author
SIKRI, S.M.,SHELATM.,BHARGAVA, VISHISHTHA,MITTER, G.K.,VAIDYIALINGAM, C.A.
Bench
SIKRI, S.M.,SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.,VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that Rule 4(1) of the Presidential and Vice-Presidential Elections Rules, 1962 mandates that nomination papers must be presented in person by the candidate or their proposer or seconder. The Court ruled that the Returning Officer was justified in rejecting a nomination paper sent by post, as it was not duly presented as required. The Court affirmed that the Returning Officer has the authority to reject such nominations outright and that Rule 4(1) is mandatory, ensuring clarity and order in the election process.

HARI VISHNU KAMATH vs GOPAL SWARUP PATHAK · Niyam