I VIKHESHE SEMA Vs. HOKISHE SEMA

JUDGEMENT

(1.) JUDGMENT

(2.) THE challenge in this appeal by special leave is to the decision of the Guwhati High Court whereby the election of the appellant to the Nagaland Legislative assembly was declared to be void on an Election Petition having been filed by respondent No.1 who was one of the candidates in the said election.

(3.) THE respondent then filed an Election Petition under Section 81 read with Section 100(1) (d) (iii) (iv) of the Representation of the People Act. 1951 (hereinafter referred to as 'the Act') before the Guwahati High Court. THE only ground on which the selection was challenged was that there had been improper reception of void votes which had materially affected the result of the returned candidate. Evidence was led to show that in the electoral rolls regarding the Dinapur Constituency No. 1, names of some of the voters were included in two different polling stations. In other words, there was duplication of names of some of the voters. Analysing the evidence, the High Court found that the position which emerged with regard to the reception of the said duplicate votes was as follows : <FRM>JUDGEMENT_53_4_1996Html2.htm</FRM>