BASHIR AHMED MAGREY vs GHULAM QUADIR MIR & ORS.

The Supreme Court interpreted Section 100(1)(d)(iii) of the Jammu and Kashmir Representation of the People Act, 1957, which addresses the improper reception or rejection of votes in elections. The Court held that an election can only be declared void if the improper actions materially affect the election result. In this case, despite improper reception of votes for the appellant and rejection of votes for the respondent, the appellant maintained a lead of 38 votes, thus upholding his election. The Court emphasized that the determination of whether the election result was materially affected is a matter of arithmetical calculation post-factum resolution of the improper actions.