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march 2003

Supreme Court of India · 2003-03-13

HARI SHANKAR PRASAD vs SHAHID ALI KHAN .

Citation / case number
SC 2002/15057
Court
Supreme Court of India
Petitioner
HARI SHANKAR PRASAD
Respondent
SHAHID ALI KHAN .
Author
Brijesh Kumar
Bench
BRIJESH KUMAR. R.C.LAHOTI

Judgment text excerpt

The Supreme Court, while hearing an appeal under Section 16(A) of the Representation of People Act, 1951, upheld the Patna High Court's dismissal of an election petition challenging the election of Shahid Ali Khan. The appellant, Hari Shankar Prasad, contested the rejection of 90 ballot papers marked with a distinguishing mark, which were not counted. The Court held that the Election Commission's directive allowed for such ballots to be counted, and since they had been counted once, there was no basis for recounting them, affirming the election result.

HARI SHANKAR PRASAD vs SHAHID ALI KHAN . · Niyam