Supreme Court of India · 2011-01-18
Kalyan Kumar Gogoi vs Ashutosh Agnihotri & Anr
- Citation / case number
- AIR 2011 SUPREME COURT 760
- Court
- Supreme Court of India
- Petitioner
- Kalyan Kumar Gogoi
- Respondent
- Ashutosh Agnihotri & Anr
- Author
- J.M. Panchal
- Bench
- Gyan Sudha Misra, J.M. Panchal
Judgment text excerpt
The Supreme Court, while adjudicating an appeal under Section 116A of the Representation of People Act, 1951, held that the failure to conduct polling at the notified polling station constituted a violation of the election process. The Court established that such irregularities can lead to a significant impact on the election outcome, thereby warranting a declaration of the election as void and ordering a repoll. The appeal was allowed, overturning the decision of the Gauhati High Court which had rejected the appellant's prayers for declaring the election void and ordering a repoll.