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PETITIONER: RATTAN ANMOL SINGH AND ANOTHER
Vs.
RESPONDENT: ATMA RAM AND OTHERS.
DATE OF JUDGMENT: 21/05/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MUKHERJEA, B.K. AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 510 1955 SCR 481 CITATOR INFO : F 1956 SC 140 (2) R 1959 SC 93 (15,16) E&R 1960 SC1049 (16) R 1970 SC 110 (4) E 1973 SC 178 (9)
ACT: Representation of the People Act, 1951 (XLIII of 1961), ss. 2 (1)(k), 33(1) and (2),36(2)(d) and (4)-Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951, r. 2(2)--Nomination paper-Subscribed by illiterate proposer and seconder Containing thumb-mark instead of signatures-No attestation thereof Validity of- Attestation-Whether a necessary formality-At what stage it must exist- Whether can be validated at scrutiny stage.
HEADNOTE: Under section 33(1) of the Representation of the People Act, 1951, each nomination paper should be "subscribed" by a proposer and a seconder. Where the proposer and the seconder of a nomination paper (as in the present case) are illiterate and so place thumb-marks instead of signatures and those thumb-marks are not attested, the nomination paper is invalid as attestation in the prescribed manner in such a case is necessary because of rule 2(2) of the Representation of the People (Conduct of Elections ...