In Brief
The Supreme Court set aside a High Court order declaring an elected member's election void. The High Court had found the appellant violated procedural requirements by not submitting a certified copy of the electoral roll despite being a registered voter of another constituency. The Court held that improper acceptance of nomination under Section 100(1)(d) of the Representation of People Act requires proof it materially affected election results—the High Court had not determined this. Additionally, the ground that the candidate lacked basic qualification was never pleaded or framed as an issue, violating procedural fairness. The Court restored the appellant's election as valid.
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