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Scheduled
Tribe candidate for reserved seat, if can be declared
elected to general seat--Provisions Permitting such course,
whether ultra ... Representation of the People Act, 1951, S1 was
declared elected to the reserved seat and S2, who had
received
Supreme Court of India
John's election being
set aside, he be declared elected under s. 101 of the Act. A
recrimination petition ... John being set aside, was not entitled to be declared elect-
ed in the place of John.
The trial Judge
Supreme Court of India
scope of.
HEADNOTE:
The appellant was 'declared elected having defeated the
respondent by 2 votes. Thereafter, the respondent filed ... there
are any reasons why he should not be declared elected And it
is at this stage that the provisions
Supreme Court of India
JUDGMENT
J.C. Shah, J.
1. Vishwanatha Reddy was declared elected to the Mysore Legislative
Assembly from the Yadgiri constituency ... order declaring that he - Nadgouda
-be declared elected. The High Court rejected the petition. In appeal,
this Court held that
Supreme Court of India
Bhalki Constituency of Karnataka State Legislative Assembly and
was declared elected. Respondent no.1 Dr. Vijay Kumar Khandre
contested ... next highest number of valid
votes has to be declared elected under Section 101 of the Act and was
declared
Supreme Court of India
votes by which the appellant had been
declared elected was reduced to 75 votes.
The respondent urged before the High ... aside but also that he wanted himself
declared elected. He should have, therefore, filed a
recrimination petition in proper compliance
Supreme Court of India
first three rounds
respondents 1 to 7 were declared elected. None of the
candidates could be declared successful ... fifth and 6th rounds respondents 8 and 9 were
declared elected. In the seventh round, respondent No. 18
(Election Petitioner
Supreme Court of India
there
is only one continuing candidate, that
candidate is declared elected."
Illustration appended to Schedule II reads as under:
"Illustration ... second
count no candidate be declared elected,
the candidate C having the lowest votes
out of the three continuing candidates
Supreme Court of India
rational construction and just result.
HEADNOTE:
The appellant was declared elected as a member of the
Haryana Legislative Assembly from ... votes
1104
less than other next candidate should be declared elected
in preference to the others and allowed to represent
Supreme Court of India
polled votes valued at
3551 or more could be declared elected. As Respondent No. 1 and Rama
Chandra Khuntia, Respondent ... value of votes each in
their favour, they were declared elected in the first round, leaving Ananga
Uday Singh
Supreme Court of India
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