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may 1979

Supreme Court of India · 1979-05-03

JANARDAN DATTUAPPA BONDRE, ETC. vs GOVINDPRASAD SHIVPRASAD CHOUDHARY & ORS. ETC.

Citation / case number
SC 1978/90371
Court
Supreme Court of India
Petitioner
JANARDAN DATTUAPPA BONDRE, ETC.
Respondent
GOVINDPRASAD SHIVPRASAD CHOUDHARY & ORS. ETC.
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that Section 97 of the Representation of the People Act, 1951 does not necessitate a notice of recrimination for counting valid votes that were mistakenly placed in the wrong envelope. The Court clarified that the recount ordered by the High Court was intended as a mechanical process, not an inquiry into the validity of the votes. The Court overturned the High Court's decision, reinstating the appellant's election as valid, as the votes in question were always intended for the appellant and their validity was never disputed.

JANARDAN DATTUAPPA BONDRE, ETC. vs GOVINDPRASAD SHIVPRASAD CHOUDHARY & ORS. ETC. · Niyam