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november 1974

Supreme Court of India · 1974-11-04

DILIP KUMAR GON vs DURGA PRASAD SINGH

Citation / case number
SC 1973/60258
Court
Supreme Court of India
Petitioner
DILIP KUMAR GON
Respondent
DURGA PRASAD SINGH
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that the rejection of Abdul Hamid's nomination papers by the Returning Officer was erroneous, as it was based on a misinterpretation of the requirements under Section 33(2) of the Representation of the People Act, 1951. The Court clarified that a candidate contesting for a General Seat is not required to specify their caste or tribe, and the defect cited was not of a substantial character. Consequently, the Court set aside the High Court's dismissal of the election petition and allowed Abdul Hamid's nomination to stand.

DILIP KUMAR GON vs DURGA PRASAD SINGH · Niyam