Supreme Court of India · 2002-05-09
PRAKASH KHANDRE vs VIJAYA KUMAR KHANDRE .
- Citation / case number
- SC 2002/111
- Court
- Supreme Court of India
- Petitioner
- PRAKASH KHANDRE
- Respondent
- VIJAYA KUMAR KHANDRE .
- Bench
- M.B. SHAH, BISHESHWAR PRASAD SINGH & H.K. SEMA
Judgment text excerpt
The Supreme Court addressed whether a candidate who secured the second-highest number of votes can be declared elected if the winning candidate is subsequently disqualified in an Election Petition under the Representation of the People Act, 1951. The court examined the legality of the election of the appellant in the Bhalki Constituency and whether a subsisting government contract rendered the candidate disqualified. The central legal question is whether the court can bypass the traditional voiding of an election to declare a runner-up as the winner.