Supreme Court of India
Shiv Charan Singh S/o Shri Angad Singh v. Chandra Bhan Singh S/o Shri Mahavir Singh & Ors.
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What the Court ordered
We hold that the election petitioners have failed to · prove that the result of the election of the appellant was materially -1 affected on the ground of improper acceptance of nomination paper of Kanaiya Lal.
Judgment, page 15
From the headnote
Representation of the People Act, 1951: Section lOO(d)(i) Election-Improper acceptance of nomination paper of a contesting candidate-Result of election of returned candidate-Whether mate rially affected-Burden of proof on election petitioner-Whether elec- tion can be declared void on surmises and conjectures. The validity of the appellant's election to the Legislative Assembly was challenged by two electors, Respondent Nos. I and 2, on the gronnd that improper acceptance by the Returning Officer, of the nomination paper of one of the contesting candidates who was not qualified to contest
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