Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1976

Supreme Court of India · 1976-07-26

JUGAL KISHORE PATNAIK vs RATNAKAR MOHANTY

Citation / case number
SC 1975/60478
Court
Supreme Court of India
Petitioner
JUGAL KISHORE PATNAIK
Respondent
RATNAKAR MOHANTY
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court held that the rejection of the respondent's nomination papers under Section 9A of the Representation of the People Act, 1951 was improper as the contracts in question were executed by the respondent in his capacity as President of a Cooperative Society, not personally. The Court emphasized that under Section 100(1)(c), if a nomination is improperly rejected, the election of the returned candidate must be declared void. The High Court's decision to declare the election void was upheld, reinforcing the principle that genuine objections must be distinguished from collusive ones.

JUGAL KISHORE PATNAIK vs RATNAKAR MOHANTY · Niyam