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august 1989

Supreme Court of India · 1989-08-22

SMT. LATA DEVI (MALl) vs HARU RAJWAR

Citation / case number
SC 1987/70928
Court
Supreme Court of India
Petitioner
SMT. LATA DEVI (MALl)
Respondent
HARU RAJWAR
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court set aside the Patna High Court's decision declaring the appellant's election void, holding that the election petitioner failed to prove that the result was materially affected by the alleged violations of Section 30(d) of the Representation of the People Act, 1951 and Rule 10(5) of the Conduct of Election Rules, 1961. The Court found that the statutory requirements were met, as the election symbol change occurred within the permissible timeframe and did not materially impact the election outcome. The Court emphasized that mere procedural violations do not invalidate an election without evidence of material effect on the result.

SMT. LATA DEVI (MALl) vs HARU RAJWAR · Niyam