http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 13
PETITIONER: BRIJENDRALAL GUPTA AND ANOTHER
Vs.
RESPONDENT: JWALAPRASAD AND OTHERS.
DATE OF JUDGMENT: 22/04/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. WANCHOO, K.N. GUPTA, K.C. DAS
CITATION: 1960 AIR 1049 1960 SCR (3) 650 CITATOR INFO : D 1972 SC 580 (23) R 1975 SC1274 (2)
ACT: Election-Nomination, rejection of-Non-mention of age in nomination Paper-If defect of substantial nature-Omission, if amounts to defect-Scrutiny-When enquiry necessary- Electoral Roll-Entry regarding age How far conclusive- Representation of the People Act, 1951 (43 of 1951) ss. 33 and 36-Representation of the People Act, 1950 (43 of 1950), ss. 16 and 19.
HEADNOTE: Thirteen candidates filed their nomination papers for election to the Legislative Assembly of Madhya Pradesh. The nomination of U was rejected on the ground that he failed to give a declaration as to his age as required in the nomination paper. After the poll the appellants were declared duly elected. Thereupon one of the unsuccessful candidates J filed an election petition challenging the election of the appellants, inter alia, on the ground that the nomination of U had been improperly rejected. The Election Tribunal dismissed the petition holding that U made no attempt before the returning officer to re...