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1969 (8) TMI 96 - SC - Indian Laws

Issues: Scope of Section 23(3) of the Representation of People Act, 1950; Validity of votes cast after amendment of electoral rolls; Competence of electoral registration officer to amend rolls post-nomination date; Interpretation of Section 62(1) of the Act; Impact of contravention of Section 23(3) on election validity; Application of Section 100(1)(d) in declaring election void.

Analysis:
1. The appeal raised the principal question of interpreting the scope of Section 23(3) of the Representation of People Act, 1950, concerning the amendment of electoral rolls post the last date for nomination. The case involved an election petition challenging the validity of votes cast in a constituency due to amendments made to the electoral roll after the nomination date, impacting the election results.

2. The controversy centered around the competence of the electoral registration officer to amend the electoral rolls after the nomination deadline, as per the provisions of Section 23(3) of the Act. The Court examined the legislative intent behind this provision to prevent manipulations in the electoral process and ensure the integrity of voter registration, emphasizing the mandatory nature of the restriction.

3. The argument regarding the application of Section 27(2) vis-a-vis Section 23(3) was addressed, clarifying that the finality of electoral rolls as of the last nomination date is crucial for election integrity. The Court emphasized that amendments post-nomination date are impermissible, upholding the sanctity of the electoral process.

4. The interpretation of Section 62(1) of the Act was crucial in determining the validity of votes cast based on the electoral roll in force on the nomination date. The Court held that the electoral roll referred to in this section pertains to the roll as of the last nomination date, aligning with the restrictions imposed by Section 23(3).

5. The impact of contravening Section 23(3) on the election's validity was examined under Section 100(1)(d) of the Act. The Court concluded that the inclusion of new electors post-nomination date rendered their votes void, satisfying the conditions for declaring the election void if the results were materially affected.

6. The Court's analysis highlighted the importance of upholding the statutory provisions governing electoral rolls' maintenance and the significance of adhering to the timelines set for voter registration. The dismissal of the appeal underscored the adherence to legal principles to safeguard the electoral process's fairness and transparency.

 

 

 

 

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