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Balram Singh Yadav alias Balram Yadav v. Abhay Kumar Singh

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 888 of 2009)Decided 13 May 2014
Civil Appeal No. 888 of 2009
Justice Dipak Misra · Justice N.V. Ramana

Background

A candidate for the Bihar Legislative Council had his nomination rejected because he failed to provide the current electoral roll for his different constituency. The High Court set aside the successful candidate's election, treating the demand as one for a nonexistent new roll. The elected member appealed against that decision.

Decision Breakdown

The Court allowed the appeal, restored the election's validity and directed payment of the elected member's full remuneration for the term. The latest relevant electoral roll was from 1998, but the rejected candidate had supplied a 1995 extract and was absent at scrutiny. The returning officer required the roll valid on the relevant date, not a newly prepared roll for that year. The nomination had therefore been properly rejected. The Court also clarified that, where rejection is genuinely improper, Section 100(1)(c) does not require separate proof that it materially affected the election result.

Lesson Learnt

A candidate registered in another constituency must supply the electoral-roll material required by the nomination law. A properly rejected nomination cannot invalidate the winner's election, even though an improper rejection would have serious consequences.

Official source (sci.gov.in)View Judgment (PDF)

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