Supreme Court of India · 1976-04-14
MOHD. YASIN SHAH vs ALI AKBAR KHAN
- Citation / case number
- SC 1951/85
- Court
- Supreme Court of India
- Petitioner
- MOHD. YASIN SHAH
- Respondent
- ALI AKBAR KHAN
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that the High Court's judgment was erroneous in both fact and law, failing to appreciate the evidence and the electoral process's sanctity. The Court emphasized that a nomination paper's rejection can be upheld if valid grounds exist under Section 47 of the Representation of the People Act, even if the original reason was incorrect. The Court found that the Returning Officer's decision was valid as it was supported by evidence regarding the genuineness of the proposer's signature, thus upholding the election result.