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december 1983

Supreme Court of India · 1983-12-05

CHHEDI RAM vs JHILMIT RAM & OTHERS

Citation / case number
SC 1981/63671
Court
Supreme Court of India
Petitioner
CHHEDI RAM
Respondent
JHILMIT RAM & OTHERS
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that under Section 100(1)(d) of the Representation of the People Act, 1951, an election can be declared void if the improper acceptance of a nomination materially affects the election result. The Court found that the improper acceptance of a candidate's nomination, who secured 6710 votes, could have influenced the election outcome, given the narrow margin of 373 votes between the appellant and the respondent. The Court emphasized that the burden of proof lies on the person challenging the election, and in this case, the election was set aside due to the material effect of the improper nomination acceptance.

CHHEDI RAM vs JHILMIT RAM & OTHERS · Niyam