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Raghbir Singh Gill vs Gurcharan Singh Tohra & Ors on 9 May, 1980

43. I am conscious of the consequences of invalidating the votes polled at two booths, by invoking Rule 25(2), especially when the election is by means of a single transferable vote. But in S.Raghbir Singh Gill vs. S.Gurcharan Singh Tohra {1980 Supp. SCC 53}, the Supreme Court went to the extent of holding in para 43 that once tampering is held proved, in the circumstances permit and evidence of unquestionable character is available, it would be perfectly legitimate for the Court even to ascertain the person in whose favour the vote was cast before it was tampered with. Thus the power of the Court even to go beyond, is well recognised.
Supreme Court of India Cites 36 - Cited by 108 - D A Desai - Full Document
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