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SUPREME COURT OF INDIA

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PETITIONER:

SHRADHA DEVI

Vs.

RESPONDENT:

KRISHNA CHANDRA PANT & OTHERS

DATE OF JUDGMENT26/10/1982

BENCH:

DESAI, D.A.

BENCH:

DESAI, D.A.

SEN, A.P. (J)

CITATION:

1982 AIR 1569 1983 SCR (1) 681

1982 SCC (3) 389 1982 SCALE (2)964

CITATOR INFO :

F 1983 SC1311 (16)

R 1984 SC 382 (2)

ACT:

Representation of the People Act, 1951-Election

Petition-Elector’s duty-Nature of proof-Required for a

relief of scrutiny and recount on the allegation of miscount

in an election petition.

HEADNOTE:

The appellant was one of the 19 candidates for the 11

members to be elected at the biennial election for electing

members to Council of States from the constituency of

elected members of the Uttar Pradesh Legislative Assembly,

at the election held on 28th March, 1979.

The election was to be in accordance with the system of

proportional representation by means of single transferable

vote. In all 421 members exercised their franchise. Eleven

ballot papers were rejected by the returning officer as

invalid and the 1st Respondent was declared elected in