Supreme Court of India · 1987-12-11
DEWAN JOYNAL ABEDIN vs ABDUL WAZED ALIAS ABDUL WAZAD MIAH AND TWO OTHERS.
- Citation / case number
- SC 1987/71210
- Court
- Supreme Court of India
- Petitioner
- DEWAN JOYNAL ABEDIN
- Respondent
- ABDUL WAZED ALIAS ABDUL WAZAD MIAH AND TWO OTHERS.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the election of the appellant, ruling that the first respondent was not disqualified under Section 9-A of the Representation of the People Act, 1951, as there was no subsisting contract with the Government at the time of scrutiny of nominations. The Court clarified that the rejection of the first respondent's nomination papers was improper since he had completed the age of 25 years and had subscribed to the required oath. The Court emphasized that disqualification under Section 9-A only applies in specific circumstances, which were not met in this case.