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july 1977

Supreme Court of India · 1977-07-28

NARENDRA MADIVALAPA KHENI vs MANIKRAO PATIL & ORS.

Citation / case number
SC 1976/60834
Court
Supreme Court of India
Petitioner
NARENDRA MADIVALAPA KHENI
Respondent
MANIKRAO PATIL & ORS.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that the inclusion of names in the electoral roll after 3 p.m. on the last date for filing nominations is illegal under Section 23(3) of the Representation of the People Act, 1950, and Sections 33(1) and 123(7) of the Representation of the People Act, 1951. The Court found no evidence of collusion between the appellant and the electoral officer to establish corrupt practice, thus allowing the appeal in part and remitting the case to the High Court for further proceedings. The Court emphasized that the prohibition in Section 23(3) serves a public policy purpose and must be adhered to strictly.

NARENDRA MADIVALAPA KHENI vs MANIKRAO PATIL & ORS. · Niyam