Supreme Court · 2003 INSC 180 · Decided 13 March 2003
Hari Shankar Prasad v. Shahid Ali Khan and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 180 · [2003] 2 S.C.R. 1113
- Case number
- CIVIL APPEAL No. 4621/2002
- Decided
- 13 March 2003
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act
Headnote
B Election Laws: Representation of People Act, 1951: Section /6(A)/Conduct of Election C Rules, 1961: Rules 39 and 56: Election Petition-Rejection of votes by the Returning Officer due to marking by wrong stamp-Petition dismissed by High Court-On appeal, Held: when only certain ballot papers in a Polling Officer D and withdrawn thereafter as asserted by the petitioner-appellant-Returning officers did not conduct proper inquiry to find out facts regarding supply of wrong stamp by the polling/presiding officers before rejecting votes. Also ignored written direction of Election Commission for
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