HM Journal

Whether the election petitioner had actually submitted her nomination paper and the appellant had declined to receive the same?

Citation – CIVIL APPEAL NO.4821 OF 2012

Facts: – The respondent visits the appellant at 2pm and certain corrections were required and then respondent took 45mins to correct but appellant did not accept as it was the last day till 3pm. Then respondent went to High Court and High Court passed order in favour of candidate. Hence this appeal.

Principle –

One who has won at an election should not be lightly interfered with. In any event it ought not to have been made the basis to initiate prosecution by terming the appellant as unreliable witness.

Judgment – Allowed. The order of the High Court was set aside.

Link to the official judgment –

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