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1967 Supreme(Bom) 79

J.R.VIMULDALAL
H. R. Gokhale – Appellant
Versus
Bharucha Noshir C. and Ors. – Respondent


JUDGMENT - 1. This is an application for inspection of ballot papers and the contents of ballot boxes by the petitioner in an election petition flied by him under Section 100(l)(d)(iii) and (iv) of the Representation of the People Act, 1951, challenging the election of the 8th Respondent to the House of the People from the Bombay North-West Parliamentary Constituency at the general election held on the 21st of February 1967, on the ground of improper reception as well as improper rejection of votes, as well as on the ground of non-compliance with certain provisions of the said Act and of the Rules framed thereunder. Respondents Nos. 1 to 7 are the other candidates who had contested the election to the said seat, and respondent No. 9 is the Returning Officer within the meaning of the said Act. By the present application, the petitioner has prayed, (a) that the 9th respondent be ordered to give inspection, or to cause inspection to be given, of all the rejected votes cast at the said election, (b) that the 9th respondent be ordered to give inspection, or to cause inspection to be given, of the contents of all the ballot boxes from each of the Counting Centres in the said Constituency


































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