Supreme Court · 1974 INSC 270 · Decided 13 December 1974

Suresh Prasad Yada V v. Jai Prakash Mishra & ORS.

Court
Supreme Court of India
Citation
1974 INSC 270 · [1975] 3 S.C.R. 21
Case number
CIVIL APPEAL No. 208/1973
Decided
13 December 1974
Bench
A. ALAGIRISWAMI, V.R. KRISHNA IYER, R.S. SARKARIA (3-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

B Election Law-Recou/l/ of Ballot papers-Court, when justified in ordering c D E F G H recount. Condurt of Election Rules, Rules 38 (1) and 93(1 )-Custody of "Unused baliot papers" with District Election Officer a post-election custody-Opening of pacK'et and i11spec1i11g and coullfing of Bihar legislative Assembly constituency, the Respondent No. 1 was d1:clared elected having secured 16649 votes as against 16074 polled by the appellant. The votes rejected as invalid were 12!9. The appellant filed an election petition challenging the election of the ret ned can­

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