Supreme Court of India · 1984-02-16
VIVEKA NAND GIRI vs NAWAL KISHORE SAHI
- Citation / case number
- SC 1983/66180
- Court
- Supreme Court of India
- Petitioner
- VIVEKA NAND GIRI
- Respondent
- NAWAL KISHORE SAHI
- Author
- A. VARADARAJAN
- Bench
- A. VARADARAJAN
Judgment text excerpt
The Supreme Court held that the rejection of a nomination paper based on a discrepancy in the candidate's age, as stated in the electoral roll and the nomination paper, was improper under Section 36(4) of the Representation of the People Act, 1951. The Court ruled that such a defect is not of a substantial character and should have been corrected or overlooked by the Returning Officer. Consequently, the appellant's election was declared void under Section 100(1)(c) of the Act due to the improper rejection of the nomination paper.