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september 1972

Supreme Court of India · 1972-09-11

PRAHLADDAS KHANDELWAL vs NARENDRA KUMAR SALVE

Citation / case number
SC 1971/60070
Court
Supreme Court of India
Petitioner
PRAHLADDAS KHANDELWAL
Respondent
NARENDRA KUMAR SALVE
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court upheld the rejection of the appellant's nomination paper by the Returning Officer, stating that the omission of the Parliamentary Constituency name constituted a substantial defect under Section 36(2)(b) of the Representation of the People Act, 1951. The Court clarified that the form used was statutorily prescribed and not misleading, and the Returning Officer was justified in not allowing rectification of the defect. The appeal was dismissed, affirming the High Court's decision that the nomination was invalid due to non-compliance with mandatory provisions of Sections 33 and 34 of the Act.

PRAHLADDAS KHANDELWAL vs NARENDRA KUMAR SALVE · Niyam