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april 1976

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.

MOHD. YASIN SHAH vs ALI AKBAR KHAN · Niyam