relate only to improper reception of any vote or reception of
any vote which is void in regard to a returned candidate and refusal ... improper reception, refusal or rejection
of any vote or reception of any vote which is
void; or
Patna High Court CWJC No.1678
rejection of votes of the petitioner and respondent No. 2 and miscount of second preference votes of Anil Kumar, counting of void votes in favour ... elected by securing majority of votes due to improper reception of votes in his favour which were either void or invalid and/or improper rejection
cast his vote from
one place only and if he casts his vote at
both the places his both votes are void. It
is also ... they
had cast their votes in favour of opposite
party no.1. Thus about 150 votes being void
votes are required to be deducted from
writ petitioner obtained 14092 votes and respondent
no.5 obtained 12716 votes, whereas respondent no.6 obtained
2387 votes. It is submitted on behalf ... improper reception,
refusal or rejection of any vote or
reception of any vote which is void; or
(iv) by any non-compliance with
the provisions
election" in large public interest. The exercise of extrication of void votes under Section 62(4) of the Act would not in any manner ... impinge on the secrecy of ballot especially when void votes are those which have to be treated as no votes at all. "Secrecy
improper reception, refusal or rejection of any vote of reception of any vote which is void; or
(iv) by any non-compliance with the provisions ... improper reception, refusal or rejection of any vote or reception of any vote which is void the election can be set aside. In a case
case like this, definite particulars about the number and nature of void votes that had been counted and particulars in regard to the allegations ... held that the appellant had secured 13,048 votes, while his rival had secured 13,095 votes. Upon this finding, the decision of the Tribunal
persons who were not entitled to vote in the election,
participated and voted in the election and their voting materially
affected the result ... roll on that date must be held to be void votes."
There is a blanket ban in Section 23(3) on any
amendment, transposition
respondent no.1 as void?
4. Whether the irregularities and illegalities were
committed in the course of counting of votes as allege in the
election ... election petitioner entitled to be
declared elected after deducting 50,000 void votes counted in
favour of respondent no.1?
5. Whether the election petitioner
votes on two
polling stations in favour of the returned candidate. The votes cast
by6 the same voter on two polling stations are void votes