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1 - 4 of 4 (0.18 seconds)Vashist Narain Sharma vs Dev Chandra And Others on 20 May, 1954
The mistake which had been committed by the High Court
in the present case is in assuming that these 862 votes had
materially affected the result of the election. In coming to
this conclusion the High Court took into account what it
termed as "the demonstrable trend and pattern of voting".
The High Court over-looked the fact that apart from the
appellant and the respondent, there were three other
candidates who polled a total of 2203 votes. Before an
election can be set-side there has to be a definite finding,
based on evidence, to the effect that the reception of these
862 odd votes had materially affected the result of the
election . As held by this Court in Vashit Narain Sharma Vs.
Dev Chandra & Ors. 1955 (1) S.C.R. 509, the words, affected
in Section 100(1)(c) of the Act, 1951 indicates that the
result should not be judged by the mere increase or decrease
in the total number of votes secured by the returned
candidate but by proof of the fact that the wasted votes, in
that case, would have bean distributed in such a manner
between the contesting candidates as would have brought
about the defeat of the returned candidate. Applying the
same principle in the present case, once it is ascertained
that the number of void votes which have been polled are
more than the difference of votes polled by the returned
candidate and the dafeated candidate, then it has to be
ascertained as to whether those void votes, which were
polled and had been counted, if excluded from consideration
would have materially affected the result of the election.
Section 16 in The Representation Of The People Act, 1950 [Entire Act]
Bashir Ahmed Magrey vs Ghulam Quadir Mir & Ors on 2 December, 1976
In our opinion, an exercise similar to the one which
was carried out in Bashir Ahmad's case (supra) should be
undertaken, rather than setting-aside the judgment and
remading the case to the High court. In matters pertaining
to elections, it is desirable that the disputes should be
resolved as expeditiously as possible while, at the same
time, ensuring the purity of the elections. We accordingly,
direct the High Court to send to this Court all the ballot
papers in respect of the Dinapur Constituency No. 1 the
election of which was held to the Nagaland Legislative
Assembly on 15.3.1993, within four weeks from the date of
this order. We depute the Registrar (Judicial) of this Court
to make an inspection after notice to and n the presence of
the parties and their counsels, of all the said ballot
papers. identify the void votes which had been cast in
respect of polling station Nos. 5,6,21 & 28 and to exclude
the said void votes and then count the number of votes
received by each of the five candidates. The report should
be submitted to this Court by the Deputy Registrar within
eight weeks. Appeal to be put up for formal disposal as soon
as the report is ready.
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