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august 1985

Supreme Court of India · 1985-08-12

KRISHAN BALLABH PRASAD SINGH vs SUB-DIVISIONAL OFFICER HILSA-CUMRETURNING OFFICER AND ORS.

Citation / case number
SC 1985/66949
Court
Supreme Court of India
Petitioner
KRISHAN BALLABH PRASAD SINGH
Respondent
SUB-DIVISIONAL OFFICER HILSA-CUMRETURNING OFFICER AND ORS.
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that the election result must be declared in accordance with Section 66 of the Representation of the People Act, 1951, and the relevant rules, specifically Rule 64, which requires a declaration in Form 21C. The Court found that the Returning Officer's announcement of the petitioner as elected lacked legal status due to the absence of a proper declaration in Form 21C. Consequently, the writ petition was not maintainable as the bar under Article 329(b) applied, affirming that only an election petition could be pursued.

KRISHAN BALLABH PRASAD SINGH vs SUB-DIVISIONAL OFFICER HILSA-CUMRETURNING OFFICER AND ORS. · Niyam