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1 - 10 of 13 (0.19 seconds)The Representation of the People Act, 1951
Section 97 in The Representation of the People Act, 1951 [Entire Act]
Section 100 in The Representation of the People Act, 1951 [Entire Act]
Section 23 in The Representation of the People Act, 1951 [Entire Act]
Section 25 in The Representation of the People Act, 1951 [Entire Act]
Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954
result of an election. The complaint in that case was that
there was an improper reception of votes, and the Court was
concerned only with the question whether invalid votes could
be counted for declaring the result of the election, and the
observations of Venkatarama Aiyar, J. must be read in that
context. The court was not there considering the case of an
improper refusal of votes. A vote which is improperly
refused is a vote, though not a valid vote. From the time
when the elector marks his vote on the ballot paper until
the vote is counted by the Returning Officer, the voting is
one continuous process. An improper refusal of a vote
affects the election in two ways. It prevents the vote from
becoming a valid vote and from its being counted as a valid
vote in the favour of the defeated candidate in whose favour
the vote was given. It also affects the election of the
returned candidate, because if the votes were received, he
might not have been returned at all. It follows that the
High Court rightly took into account the improper refusal of
the 19 votes for the purpose of ascertaining whether the
election of Savant is void. But the 19 votes not being
valid votes could not be looked at for the purpose of
declaring that Salunkhe got the majority of the valid votes.