REGENT COMPUTRONICS PVT. LTD.

P.T.RAJAN Appellant

V/S

T.P.M.SAHIR Respondents

Referred Judgements :-

G.K. SAMAL V. R.N. RAO AND OTHERS [REFERRED]
GARBARI UNION CO-OPERATIVE AGRICULTURAL CREDIT SOCIETY LIMITED AND ANR. V. SWAPAN KUMAR JANA AND ORS. [RELIED ON]
VASHIST NARAIN SHARMA VS. DEV CHANDRA [REFERRED]
CHIEF COMMISSIONER OF AJMER VS. RADHEY SHYAM DANI [DISTINGUISHED]
RAZA BULAND SUGAR CO LIMITED RAMPUR VS. MUNICINAL BOARD RAMPUR [REFERRED]
MAHADEO VS. BABU UDAI PARTAP SINGH [REFERRED]
PAOKAI HAOKIP VS. RISHANG [REFERRED]
BAIDYANATH PANJIAR VS. SITARAM MAHTO [REFERRED]
RAMJI PRASAD SINGH VS. RAM BILAS IHA [REFERRED]
BASHIR AHMAD MAGREY VS. GHULAM QUADIR MIR [REFERRED]
TARULATA SHYAM VS. COMMISSIONER OF INCOME TAX WEST BENGAL [RELIED ON]
NARENDRA MADIVALAPA KHENI VS. MANIKRAO PATIL [REFERRED]
CHHEDI RAM VS. JHILMIT RAM [REFERRED]
A C JOSE VS. SIVAN PILLAI [DISTINGUISHED]
SHIV CHARAN SINGH S O ANGAD SINGH VS. CHANDRA BHAN SINGH S O MAHAVIR SINGH [REFERRED]
BALIRAM WAMAN HIRAY VS. JUSTICE B LENTIN [RELIED ON]
D B RAJU VS. H J KANTHARAJ [DISTINGUISHED]
J CHANDRASEKHARA RAO VS. V JAGAPATHI RAO [REFERRED]
LAL BABU HUSSEIN HUSAIN DALWAI P U C L VS. ELECTORAL REGISTRATION OFFICER :UNION OF INDIA :ELECTORAL REGISTRATION OFFICER [REFERRED]
STATE BANK OF PATIALA VS. S K SHARMA [REFERRED]
I VIKHESHE SEMA VS. HOKISHE SEMA [REFERRED]
VENKATASWAMAPPA VS. SPECIAL DEPUTY COMMISSIONER REVENUE [REFERRED]
UMA BALLAV RATH VS. MAHESHWAR MOHANTY [REFERRED]
TEK CHAND VS. DILE RAM [REFERRED]
SANTOSH YADAV VS. NARENDER SINGH [REFERRED]
KANTA DEVI VS. UNION OF INDIA [RELIED ON]
RAI VIMAL KRISHNA VS. STATE OF BIHAR [REFERRED]
HARSH KUMAR VS. BHAGWAN SAHAI RAWAT [REFERRED]
HAFIZ MOHAMMAD ANWAR KHAN VS. STATE OF MADHYA PRADESH [OVERRULED]
SHIVESHWAR PRASAD SINHA VS. DISTRICT MAGISTRATE OF MONGHYR [RELIED ON]
NOMITA CHOWDHURY VS. THE STATE OF WEST BENGAL [RELIED]

JUDGEMENT

(1.) Whether non-publication of a final electoral roll would render a general election invalid in law is the core question involved in this appeal filed by the Appellant herein under S. 116A of the Representation of the People Act, 1951 (hereinafter referred to as 'the 1951 Act') which arises out of a judgment and order of the High Court of Kerala dated 7-3-2002 passed in E. P. No.8 of 2001 whereby and whereunder his election petition was dismissed.

(2.) The election in question was held for Kozhikode II Legislative Assembly Constituency on 10-5-2001. The first, second, third and fourth respondents herein contested the said election. The appellant herein was the election agent of the second respondent. The said election petition came to be filed in the following circumstances:

(3.) A preliminary electoral roll (mother roll) was published in 1999 which was revised on 1-1-2000 and 1-1-2001 purported to be in terms of continuous and special revision scheme. One revision was carried out between 15-3-2001 and 18-3-2001 and another between 21-4-2001 and 23-4-2001. The final electoral roll was published on 23-4-2001. Despite the fact that the last date of acceptance of nomination was 3 p.m., allegedly, the final electoral roll was published at 8 p.m. on 23-4-2001. The electoral roll consisted of 1,52,225 voters out of which 1,05,437 voters exercised their franchise. The result of the election was declared on 13-5-2001. the first respondent was declared elected having secured 48,886 votes whereas the second respondent secured 48,099 votes. The third and fourth respondents herein obtained 7,345 and 1,107 votes respectively. The winning margin was, thus, only 787 votes.

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P T RAJAN Vs. T P M SAHIR

Referred Judgements :-

JUDGEMENT

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