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september 1973

Supreme Court of India · 1973-09-28

LAXMINARAYAN AND ANOTHER vs RETURNING OFFICER AND OTHERS

Citation / case number
SC 1972/60328
Court
Supreme Court of India
Petitioner
LAXMINARAYAN AND ANOTHER
Respondent
RETURNING OFFICER AND OTHERS
Bench
DWIVEDI, S.N.

Judgment text excerpt

The Supreme Court dismissed the appeal challenging the election of JD under the Representation of the People Act, 1951, specifically Sections 100(1)(iii), 100(1)(iv), and 123(4). The Court held that the plea regarding the counting of valid and invalid votes did not necessitate a recount of votes for candidates other than JD and RS, and the discrepancies in vote counts were satisfactorily explained. The Court affirmed the High Court's dismissal of the election petition, emphasizing the wide powers of appellate courts under Section 116A, while maintaining deference to the trial court's findings.

LAXMINARAYAN AND ANOTHER vs RETURNING OFFICER AND OTHERS · Niyam