Adv Haresh A. Raichura : Improper Acceptance or Rejection of Nomination can result in Declaration of an Election Null and Void by Courts- SC

This was a case of improper rejection of nomination papers of a proposed candidate of MLA election.

When it was found that Returning officer had improperly/illegally rejected a nomination, the election of returned candidate was declared null and void by High Court. Supreme Court confirmed it.

It follows by analogy that Improper Acceptance or Rejection of Nomination papers by Election Officer is a ground for declaring an Election null and void.

More details can be read in Supreme Court Judgement dated 9/12/11 in Civil Appeal No 4956 of 2010 and also in 2011 (13) Scale 423

Haresh Raichura
10/9/2012

September 10, 2012

Improper Acceptance or Rejection of Nomination can result in Declaration of an Election Null and Void by Courts- SC

It follows by analogy that Improper Acceptance or Rejection of Nomination papers by Election Officer is a ground for declaring an Election null and void.