P. MALAICHAMI vs M. ANDI AMBALAM & ORS.

The Supreme Court held that under Section 97 of the Representation of People’s Act, a successful candidate must file a Recrimination petition when the election is challenged and the petitioner seeks to declare himself elected. The Court found that the appellant's failure to comply with this requirement meant he could not contest the validity of votes improperly received by the respondent. Consequently, the High Court's decision to declare the respondent elected based on the recount was upheld, as the appellant's appeal was dismissed for lack of compliance with statutory provisions.