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october 1984

Supreme Court of India · 1984-10-30

BHAG MAL vs CH. PARBHU RAM AND OTHERS

Citation / case number
SC 1984/68332
Court
Supreme Court of India
Petitioner
BHAG MAL
Respondent
CH. PARBHU RAM AND OTHERS
Author
A. VARADARAJAN
Bench
A. VARADARAJAN

Judgment text excerpt

The Supreme Court held that under Section 27(1) of the Representation of the People Act, 1951, the absence of a recrimination petition by the returned candidate precludes the Election Tribunal from examining whether any wrongful votes were counted in favor of the election petitioner. The Court emphasized that the powers of the Election Tribunal are strictly statutory and that the election process must be safeguarded, allowing relief only as prescribed by law. The Court also stated that procedural provisions should be interpreted to avoid manifestly absurd outcomes, ensuring the legislative intent is achieved.

BHAG MAL vs CH. PARBHU RAM AND OTHERS · Niyam