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april 1990

Supreme Court of India · 1990-04-17

MATHURA PRASAD vs AJEEM KHAN

Citation / case number
SC 1986/69671
Court
Supreme Court of India
Petitioner
MATHURA PRASAD
Respondent
AJEEM KHAN
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that under Section 116-A of the Representation of People Act, 1951, there is no statutory obligation on the Returning Officer to search the electoral roll for a candidate's identity if neither the candidate nor their representative is present to rectify any defects in the nomination paper. The Court affirmed the Returning Officer's decision to reject Ramprakash's nomination due to lack of identification, as the candidate failed to appear or correct the mistake after being advised. The judgment clarifies that the Returning Officer is not required to conduct a detailed inquiry in such circumstances.

MATHURA PRASAD vs AJEEM KHAN · Niyam