votes between the defeated candidate and the returned
candidate was only 51 votes and the wrong counting of
votes amounted to 188 invalid/void votes ... Election Petition had voted twice
thereby 12 votes had been polled. All those 12 votes,
therefore, should be treated as void.
The High Court observed
found that among the votes
credited to the successful candidate were 37 votes which
were void. Thereafter the applicant applied to substitute
the words ... void votes have been included in the counting of votes
received by a successful candidate, definite particulars
with regard to the said void votes
advantage of
voting in two different polling stations, Section 62
mandates that if he polls both these votes then both votes
are void. A void ... vote cast is a vote void ab initio. In
the nature of things the void taint in the election would
have to be traced
election vote in the
same constituency more than once
and, if he does so vote, all his
votes in that constituency shall be
void ... declared elected by
by a margin of 219 votes, the
declaration of these votes as void
and invalid may materially affect
the result
shall not vote more then once
but if he does so vote, all votes in the constituency should
be regarded an vote. It is evident ... regarded as void votes
without deciding whether those persons had even voted. The
votes of only those persons would be void, as already
observed
improper reception, refusal or
rejection of any vote or the reception of
any vote which is void, or
(iv) Not relevant
(2) Not relevant
then ... improper reception, refusal, rejection of any vote, or the
reception of any vote which is void, it has to examine the
validity of all votes
than once, and if he does so vote,
all his votes in that constituency shall be void.
(5) No person shall, vote at any election ... improper reception, refusal or rejection of any vote or the
reception of any vote which is void, or
(iv) by any non-compliance with
para 4(a) pertaining to the
vote of Hari Singh is correct and the vote was void and was
polled in favour of respondent ... than once, and if he does so vote, all his
votes in that constituency shall be void.
(5) No person shall vote at any election
second highest number of votes. While the
appellant secured 25,237 votes, the election petitioner got
25,216 votes. The other eligible contestants ... respectively bar double voting and voting by a
person who is confined in a prison for any reason and a vote
cast by any such
improper reception, refusal or
rejection of any vote or the reception of any
vote which is void; or
(iv) by any noncompliance with the provisions ... improper reception, refusal or rejection of any vote, or the
reception of any vote which is void, it has to examine the
validity
