Supreme Court of India
Chandeshwar Saw v. Brij Bhushan Prasad & Ors.
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What the Court ordered
Resultantly, in this appeal, we proceed to i ssue that declaration.
Judgment, page 18
From the headnote
Election Laws: Panchayat Election – Complaint against returned candidate , by the election petitioner – Alleging that despite obj ection, number of valid votes cast in his favour were being reject ed and invalid votes in favour of returned candidate were accepted – The Tri bunal finding the irregularities in counting of votes declared his election as null and void and directed recounting of votes – In Writ Pet ition Single Judge of High court held that before recount ing of votes, election of returned candidate should not have been set aside and relegated the parties to Tribunal for passing
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