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february 1974

Supreme Court of India · 1974-02-22

PARMAR HIMATSINGH JUGATSINGH vs PATEL HARMANBHAI NARSIBHAI

Citation / case number
SC 1973/60295
Court
Supreme Court of India
Petitioner
PARMAR HIMATSINGH JUGATSINGH
Respondent
PATEL HARMANBHAI NARSIBHAI
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that non-compliance with Section 33(5) of the Representation of the People Act, 1951 constitutes a substantial defect, leading to the proper rejection of a nomination paper. The Court clarified that the candidate must produce a certified copy of the relevant entries in the electoral roll at the time of scrutiny, which was not done in this case. The appeal was dismissed, affirming the High Court's decision that the Returning Officer's rejection was justified.

PARMAR HIMATSINGH JUGATSINGH vs PATEL HARMANBHAI NARSIBHAI · Niyam