August 3, 2014

Election Law: Wrong rejection of nomination papers and Wrong acceptance are treated differently

Wrong Rejection:-

1) If it is proved that some one's nomination Form was wrongly rejected, the election process can be set aside only on this count.

Wrong Acceptance

2) But if someone's nomination paper is wrongly accepted, then, on this ground alone, election need not be set aside.

Court will further examine, how many votes that candidate got? ... Would it have really affected ultimate results?

In this way, two things are looked upon differently by courts.

Haresh Raichura
3/8/2014