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.