WILFRED D'SOUZA vs FRANCIS MENINO JESUS FERRAO

The Supreme Court interpreted Rule 42 and Rule 56(6) of the Conduct of Election Rules, 1961, regarding tendered ballot papers, establishing that such papers can be considered in election validity challenges if specific conditions are met. The Court held that tendered ballot papers, while not counted during the initial vote tally, may be included in proceedings if the initial vote was cast by someone other than the genuine voter and the margin of victory is narrow. The appeal was allowed, and the case was remanded to the trial court for further consideration of the evidence regarding tendered votes.