Supreme Court of India · 1999-02-09
RAKESH KUMAR vs SUNIL KUMAR
- Citation / case number
- SC 1997/21258
- Court
- Supreme Court of India
- Petitioner
- RAKESH KUMAR
- Respondent
- SUNIL KUMAR
- Author
- U.C.BANERJEE M.SRINIVASAN
- Bench
- U.C.BANERJEE M.SRINIVASAN
Judgment text excerpt
The Supreme Court, while adjudicating an appeal under Section 116A of the Representation of People Act, 1951, upheld the High Court's decision to set aside the election of the appellant from the 57, North Ludhiana Assembly Constituency. The Court found that the Returning Officer improperly rejected the nomination papers of the respondent, Sunil Kumar, who had submitted valid Forms A and B as required by the Election Symbols (Reservation and Allotment) Order, 1968. The Court emphasized that the rejection was unjustified as the respondent was the official candidate of the BJP, thus affirming the High Court's ruling.