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april 1977

Supreme Court of India · 1977-04-12

THIRU JOHN & ANR. vs RETURNING OFFICER & ORS.

Citation / case number
SC 1974/60498
Court
Supreme Court of India
Petitioner
THIRU JOHN & ANR.
Respondent
RETURNING OFFICER & ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court held that the appellant John was disqualified under Article 84(b) of the Constitution due to being underage at the time of nomination for the Rajya Sabha elections. The Court found that the improper acceptance of his nomination materially affected the election results, leading to the election being set aside under Section 100 of the Representation of the People Act, 1951. However, the Court declined to declare either of the petitioners as elected under Section 101, as the trial judge did not find sufficient grounds for such a declaration.

THIRU JOHN & ANR. vs RETURNING OFFICER & ORS. · Niyam