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.