Case Note & Summary
This case involved an appeal under Section 16(A) of the Representation of People Act, 1951, challenging the dismissal of an election petition by the Patna High Court. The appellant, Hari Shankar Prasad, contested the election for the Sitamarhi Assembly Constituency No.67 in Bihar, where he was defeated by Shahid Ali Khan by a margin of 35 votes. The appellant raised issues regarding the rejection of 90 votes cast in his favor, which were marked with a distinguishing mark due to a mistake by the polling staff. The High Court dismissed the petition, stating that the rejection was justified. The Supreme Court analyzed the evidence, including the Election Commission's instructions that such ballots should not be rejected if marked incorrectly due to polling staff error. The court found that the Returning Officer failed to conduct a proper inquiry into the circumstances surrounding the marking of the ballots. It concluded that the 90 votes should have been counted in favor of the appellant, thereby declaring him elected. The decision emphasized the importance of adhering to the Election Commission's directives and the need for proper inquiry in election matters.
Headnote
A) Election Law - Rejection of Ballot Papers - Validity of Rejection - Representation of People Act, 1951, Section 16(A) - The court examined the rejection of 90 ballot papers marked with a distinguishing mark due to a mistake by polling staff. It held that such ballots should not have been rejected as per the Election Commission's directions, leading to the conclusion that the appellant was entitled to those votes. (Paras 1-7).
Issue of Consideration
Whether the rejection of 90 ballot papers marked with a distinguishing mark was justified and whether the appellant was entitled to be declared elected.
Final Decision
The Supreme Court allowed the election petition, set aside the declaration of the respondent as elected, and declared the appellant elected from Sitamarhi Assembly Constituency No.67, State of Bihar.
Law Points
- Election petition
- rejection of ballot papers
- mistake of polling staff
- directions of Election Commission
- counting of votes
