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april 1975

Supreme Court of India · 1975-04-21

BHABHI vs SHEO GOVIND & ORS.

Citation / case number
SC 1975/60508
Court
Supreme Court of India
Petitioner
BHABHI
Respondent
SHEO GOVIND & ORS.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that an order for inspection of ballot papers under the Representation of People Act can only be granted under special circumstances, not as a routine procedure. The Court established that the allegations against the elected candidate must be clear, specific, and supported by adequate material facts, and that the Court must be prima facie satisfied regarding the truth of these allegations before allowing inspection. The High Court's decision to permit sample inspection based solely on the narrow margin of victory was deemed insufficient, as it does not create a presumption of illegality in the election process.

BHABHI vs SHEO GOVIND & ORS. · Niyam