Supreme Court · 2003 INSC 585 · Decided 30 October 2003
Harikrishna Lal v. Babu Lal Marandi
- Court
- Supreme Court of India
- Citation
- 2003 INSC 585 · [2003] SUPP. 4 S.C.R. 1170
- Case number
- CIVIL APPEAL No. 5841/2002
- Decided
- 30 October 2003
- Bench
- R.C. LAHOTI, ASHOK BHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Representation of the People Act Section 33, 36, 87
Headnote
Representation of the People Act, 1951-Sections 33 and 36- Nomination paper-Substantial Defect-Meaning of-Name of candidate C incorrectly mentioned in the electoral roll-No objection rC'ised at the time· of scrutiny of nominations-Held, the mistake was inadvertent or accidental and only to election of a candidate-Burden of Proof-Held, D burden lies on the person who challenges the election-No evidence led by any party to the election petition-Held, election petition would fail­ Election Law. Legal Maxims Falsa demonstratio non nocet cum be corrore E
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