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september 1983

Supreme Court of India · 1983-09-27

S. SIVASWAMI vs V. MALAIKANNAN AND OTHERS

Citation / case number
SC 1981/63692
Court
Supreme Court of India
Petitioner
S. SIVASWAMI
Respondent
V. MALAIKANNAN AND OTHERS
Author
V. BALAKRISHNA ERADI
Bench
V. BALAKRISHNA ERADI

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the improper rejection of valid votes in the Tamil Nadu Assembly elections, emphasizing that the pamphlet issued by the Chief Electoral Officer was misleading. The Court found that the Returning Officer incorrectly interpreted the instructions, leading to the invalidation of ballots that were partially marked in the candidate's column. The Court ordered the rescrutiny of the rejected votes, affirming the importance of adhering to the correct electoral guidelines as per the Representation of the People Act, 1951, specifically Sections 80 to 83 and Rule 39(2)(b) of the Conduct of Election Rules, 1961.

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