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Monday, April 25, 2011


Can election of a returned candidate be declared void for light reasons? On what basis can election be declared void? A Supreme Court decision provides Legal principles for declaring the election of the returned candidate void.

Supreme Court in Kalyan Kumar Gogoi V Ashutosh Agnihotri1, had observed the following amongst the grounds for declaring the election to be void: 

(1) It is to be proved to the satisfaction of the Court that result of the election in so far as it concerns a returned candidate, must have materially affected.  i.e., if not materially affected, the election of the returned candidate would be declared void.

(2) Election of the returned candidate should not normally be set aside unless there are cogent and convincing reasons.

(3) The success of a winning candidate cannot be lightly interfered.

(4) The standard of proof to be adopted, while judging the question whether the result of the election insofar as it concerns a returned candidate is materially affected, would be proof beyond reasonable doubt or beyond pale of doubt.

Prepared by: S. Hemanth