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Head Note

Representation of People Act, 1951  - 83 , 86 , The Code of Civil Procedure, 1908  - Order VI Rule (16) , Order VII Rule (11)

Applications filed for dismissal of Election Petition - Dismissed - Election petition filed - Appellant got elected to the Karnataka Assembly - Challenging the Election of the Returned Candidate on the ground of illegal rejection of nomination paper at threshold by the Returning Officer - Election Petitioner averred that nomination paper was signed by 10 electors - Supreme Court - When a nomination paper is presented it is the bounden duty of the Returning Officer to receive the nomination, peruse it, point out the defects, if any, and allow the candidate to rectify the defects and when the defects are not removed then alone the question of rejection of nomination would arise - Election Petitioner had disclosed material facts and the matter is fit to go for trial - Appeals dismissed.

Topic(s)-Election Petition , Illegal rejection of nomination paper

Important Decision(s)- Election Petition - Illegal rejection of nomination paper - Bounden duty of the RO - Peruse it, point out the defects, if any, and allow the candidate to rectify the defects and when the defects are not removed - Matter is fit to go for trial.