RAGHBIR SINGH GILL vs GURCHARAN SINGH TOHRA & ORS.

The Supreme Court upheld the High Court's decision to set aside the election of the appellant under the Representation of the People Act, 1951, citing Section 94 regarding the secrecy of voting and the importance of free and fair elections as mandated by Articles 326 and 327 of the Constitution. The Court emphasized that the interpretation of Section 94 must promote the integrity of the electoral process and not undermine it. The Court found that tampering with ballot papers constituted a violation of electoral laws, thus affirming the High Court's declaration of the unsuccessful candidate as elected.