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september 1979

Supreme Court of India · 1979-09-06

R. NARAYANAN vs S. SEMMALAI AND ORS.

Citation / case number
SC 1978/90376
Court
Supreme Court of India
Petitioner
R. NARAYANAN
Respondent
S. SEMMALAI AND ORS.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that recounting of votes under Section 100(1)(d)(iii) and (iv) of the Representation of the People Act, 1951 cannot be ordered merely on the possibility of error; specific instances of irregularity must be established with cogent evidence. The Court found that the respondent's allegations were vague and insufficient to justify a recount, emphasizing that a narrow margin of victory alone does not warrant such an order. The appeal was allowed, overturning the High Court's decision to order a recount and declare the respondent elected under Section 101 of the Act.

R. NARAYANAN vs S. SEMMALAI AND ORS. · Niyam