Election Interference: Can Mistakes by Others Void an Election?

2024 0 Supreme(Pat) 37

In Nanhoo Mal and others vs. Hira Mal and others, AIR 1975 SC 2140, a three-Judge Bench of the Apex Court placed reliance on the law laid down in the case of N.P. Punnuswami vs. ... This procedure contains so many statutory checks and effective safeguards against trickery, mistakes and fraud in counting, that it can be called almost foolproof. ... Returning Officer, Namakkal and others, AIR 1952 SC 64 that right to vote an....

2024 0 Supreme(Raj) 1638

interfered with the election after the process of election had commenced. ... Very often, for frivolous reasons, candidates or others approach the courts and by virtue of interim orders passed by courts, the election is delayed or cancelled and in such a case the basic purpose of having election and getting an elected body to run the administration is frustrated. ... The judgments referr....

2023 0 Supreme(Ker) 251

G.Puttaswamy Gouda and others [AIR 1999 SC 768] and T.Phungzathang vs. ... How the use of the word “Prof.” influenced or interfered with the free exercise of electoral right of the electors of 070 Irinjalakuda Constituent Assembly, is not detailed by the election petitioner in the election petition. ... It is also well settled that the success of a candidate who has won at an election should not be lightl....

2022 0 Supreme(Gau) 654

This is evident from the communication issued by the Election Commission of India itself which is a part of the pleadings. ... Exceptions both statutorily and judicially have been carved out to correct accidental mistakes or miscarriage of justice. ... which have crept in.....The House of Lords exercises a similar power of rectifying mistakes made in drawing up its own judgments, and this Court must possess the same authority. ... Nagaraj a....

2023 0 Supreme(Pat) 922

It is also well settled that normally the finding based on appreciation of evidence by Election Tribunal is not interfered with unless it is shown to be perverse. ... It is always to be borne in mind that though the election of a successful candidate is not to be lightly interfered with, one of the essentials of that law is also to safeguard the purity of the election process and also to see that the peop....

High Court Sabah & Sarawak Kota Kinabalu

[2018] 8 AMR 755 and others in this respect which decided that a Petitioner in an election petition has an option or choice to adopt any of the modes of service of the petition on the 1st Respondent as prescribed by r 15(1)(a) or r 15(1)(b) or r 15(1)(c) of the ... [2018] 8 AMR 755 [145] Therefore, in substance, other than the arithmetic mistakes committed by the Presiding Officers concerned in respect of figures inserted in these impugn....

Gapari Kitingan @ Geoffrey Kitingan & Ors [2018] 1 LNS 1858 and others which decided that it is not a requirement of Rule 9 of the Election Petition Rules 1954Rule 9 of the Election Petition Rules 1954 [37]In respect of ... [144]It cannot be said that such arithmetic mistakes committed by the Presiding Officers concerned in subtraction of the figures concerned (i.e. ... the non-compliance of the relevant law relating to ....

2024 0 Supreme(Guj) 908

State of Maharashtra & others. In that case, election roll was prepared on the basis of bye laws which were held to be illegal. ... State of Maharashtra and others, (2005) 7 SCC 181;(2) Khokhra Mehemdavad Seva Sahkari Mandli Ltd and others Vs. State of Gujarat through Secretary and others, 2010 (1) GLH 550; (3) Gangadharan Nair P. Vs. ... He has submitted that it is now well settled that the ele....

2024 0 Supreme(Guj) 907

not have interfered with the election after the process of election had commenced. ... `the Act'), between Lilabhai Ranabhai Desai and others and the Election Officer and Assistant Collector, Deesa & others, whereby the election of the petitioners to the Managing Committee of the Deesa Taluka Kharid Vechan Sangh Limited, a Taluka Union, registered under the Act, has bee....

2024 0 Supreme(Ker) 252

Kerala State Election Commission and others (2020 (6) KHC 577), in which, the extent of interference of writ court while election to a democratic institution in progress, is examined in detail. ... We must note that this is not a case where the learned Single Judge interfered with the election of the returned candidate. The learned Single Judge was called upon to interfere with the action of the #HL_START....

2022 0 Supreme(Telangana) 43

Any petition seeking such interference must strictly conform to the requirements of the law. Though the purity of the election process has to be safeguarded and the court shall be vigilant to see that people do not get elected by flagrant breaches of law or by committing corrupt practices, the setting aside of an election involves serious consequences not only for the returned candidate and the constituency, but also for the public at large inasmuch as re-election involves an enormous load on ....

2014 0 Supreme(Gau) 1013

He submits that on a reading of Section 100 of the Act it becomes evident that sub-section (1) thereof is subject to sub-section (2) of the said section. Election of a returned candidate should not be lightly interfered with. Election law being highly technical, both pleadings and the law has to be construed very technically and strictly.

2014 0 Supreme(Gau) 728

Election of a returned candidate should not be lightly interfered with. He submits that on a reading of Section 100 of the Act it becomes evident that sub-section (1) thereof is subject to sub-section (2) of the said section. Election law being highly technical, both pleadings and the law has to be construed very technically and strictly.

2009 6 Supreme 503

Though the purity of the election process has to be safeguarded and the Court shall be vigilant to see that people do not get elected by flagrant breaches of law or by committing corrupt practices, the setting aside of an election involves serious consequences not only for the returned candidate and the constituency, but also for the public at large inasmuch as re-election involves an enormous load on the public funds and administration. The success of a candidate who has won at an e....

2008 0 Supreme(Gau) 344

In the normal circumstances an election held should not be interfered with lightly. In the instant case, the election was held on 8.6.2007 and in the election new set of members have been elected. Such election has already been approved by the competent authority.