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Supreme Court of India 2016-10-28 dismissed

Mairembam Prithviraj @ Prithviraj Singh vs Pukhrem Sharatchandra Singh & Ors

Bench: 2 — L. Nageswara Rao

In Brief

The Supreme Court upheld the High Court's decision setting aside an election where the returned candidate falsely declared an MBA qualification in his nomination affidavit. The Court held that false declarations regarding educational qualifications constitute a substantial defect warranting nomination rejection. Critically, the Court clarified that when a returned candidate's nomination is improperly accepted, no further proof is required that the election result was materially affected—especially in two-candidate contests. The Court also rejected the defeated petitioner's claim to be declared elected, finding that the High Court properly exercised discretion to avoid declaring an MLA who had crossed from his original party, consistent with anti-defection principles.

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Election Law Representation of the People Act Nomination and Candidature Electoral Disqualification Voter Rights and Information Educational Qualification Improper Acceptance of Nomination High Court Jurisdiction Procedural Requirements Anti-Defection

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