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1 - 5 of 5 (0.71 seconds)Section 127A in The Representation of the People Act, 1951 [Entire Act]
Dr. Jagjit Singh vs Giani Kartar Singh And Ors. on 25 November, 1965
In Dr. Jagjit Singh v. Giani Kartar Singh : this Court again said that an election petition should contain a concise statement of the material facts on which the petitioner relies, that vague or general allegations that valid votes were improperly rejected or invalid votes were improperly accepted, would not serve the purpose and that an application made for the inspection of ballot boxes must give material facts which would enable the tribunal to consider whether in the interests of justice, the ballot boxes should be inspected or not. The Court further said that in dealing with this question, the importance of the secrecy of the ballot papers cannot be ignored and that it has always to be borne in mind that the statutory rules framed under the Act are intended to provide adequate safeguard for the examination of the validity or invalidity of votes and for the examination of their proper counting. The Court emphasized that in some case, the ends of justice would make it necessary for the tribunal or court to allow a party to inspect the ballot boxes End consider his objection about the improper acceptance or improper rejection of votes tendered by voters at any given election; but in considering the requirements of justice, care must be taken to see that election petitioners do not get a chance to make a roving or fishing enquiry into the ballot boxes so as to justify their claim that the returned candidate's election is void.
Jitendra Bahadur Singh vs Krishna Behari & Ors on 13 August, 1969
In Jitendra Bahadur Singh v. Krishna Behari the Court observed that in view of the importance of maintaining the secrecy of be ballot papers, scrutiny can only foe ordered if the election-petition contains an adequate statement of the material facts on which the petitioner relies, that is, the material facts disclosed must afford an adequate basis for the allegations; and. the election tribunal must be prima facie,satisfied that in order to decide the dispute and to do complete justice between the parties, inspection of the ballot papers is necessary.
Section 100 in The Representation of the People Act, 1951 [Entire Act]
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