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january 2011

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.

Kalyan Kumar Gogoi vs Ashutosh Agnihotri & Anr · Niyam