Supreme Court of India · 1990-03-01
ERA SEZHIYAN vs T.R. BALU AND ORS.
- Citation / case number
- SC 1987/70903
- Court
- Supreme Court of India
- Petitioner
- ERA SEZHIYAN
- Respondent
- T.R. BALU AND ORS.
- Author
- M.H. KANIA
- Bench
- M.H. KANIA
Judgment text excerpt
The Supreme Court upheld the dismissal of an election petition concerning the Rajya Sabha elections, emphasizing that the rejection of a ballot marked in green ink instead of the supplied blue pen was justified under Rule 39A(2)(b) of the Conduct of Election Rules, 1961. The Court clarified that the intention of the voter must be discerned within the framework of election laws, which require strict adherence to prescribed voting methods. The Court concluded that the ballot papers were rightly rejected as they did not comply with the rules, affirming the election results that declared the other candidates elected.