Election Laws Archives - Supreme Court of India Judgements

December 22, 2024 9:15 am

EVM and VVPAT – Reliability – The petitioners challenged the reliability of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) systems, suspecting potential manipulation and demanding transparency in the voting process – The core issues revolved around the integrity of EVMs, the adequacy of VVPAT verification, and the fundamental right of voters to know their votes are correctly recorded and counted – Petitioner argued for a return to paper ballots, provision of VVPAT slips to voters, or 100% counting of VVPAT slips alongside electronic counts, citing concerns over EVM transparency and voter confidence – The Election Commission of India (ECI) defended the EVMs’ success in ensuring free, fair, and transparent elections, highlighting technological safeguards against tampering and the benefits over paper ballots – The Court upheld the current EVM and VVPAT system, dismissing the petitions and suggesting improvements for transparency without disrupting the ongoing electoral process – The Court relied on past precedents, the ECI’s robust procedures, and the absence of cogent material evidence against EVMs to reject the petitions – The judgment referenced constitutional provisions, electoral laws, and previous rulings to support the ECI’s position and the current electoral practices – The Supreme Court concluded that the EVMs and VVPAT systems are reliable, and the petitions were dismissed based on the lack of substantial evidence against the current electoral process.

Apr 27, 2024 sclaw

2024 INSC 341 SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION FOR DEMOCRATIC REFORMS — Appellant Vs. ELECTION COMMISSION OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and…

Election Laws

Representation of the People Act, 1951 – Section 100(1)(d)(iv) – The Court discussed the definition of ‘owner’ under the Motor Vehicles Act, 1988, and the Sale of Goods Act, 1930, to determine the impact of non-disclosure – The Court concluded that non-disclosure of the vehicles did not amount to undue influence and that Kri’s wealth declaration was not significantly affected by the non-disclosed assets – The final decision on the appeals is pending.

Apr 14, 2024 sclaw

2024 INSC 289 SUPREME COURT OF INDIA DIVISION BENCH KARIKHO KRI — Appellant Vs. NUNEY TAYANG AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. )…

Election Laws

Representation of the People’s Act, 1951 – Sections 83(1)(a), 100(1)(b) and 100(1)(d)(i) – False declaration of educational qualifications and suppression of financial information – The court examined the legal requirements for an Election Petition under the RP Act and concluded that the respondent’s petition lacked concise statements of material facts and full particulars of alleged corrupt practices – The court dismissed the Election Petition, finding it deficient in terms of the mandatory requirements of material facts and particulars needed to constitute a cause of action.

Apr 13, 2024 sclaw

2024 INSC 282 SUPREME COURT OF INDIA DIVISION BENCH KARIM UDDIN BARBHUIYA — Appellant Vs. AMINUL HAQUE LASKAR AND OTHERS — Respondent ( Before : Aniruddha Bose and Bela M.…

Constitution Election Laws

– The Appellant claimed ‘Mochi’ caste, which was validated and granted by the Scrutiny Committee – The Respondents’ argument that a reserved category in one state cannot be granted reservation in another state has no relevance in this case, as the Appellant’s claim was based on her forefathers’ genealogical caste history – The Scrutiny Committee verified the Appellant’s claim as applicable to Maharashtra – Considering the peculiar facts and circumstances, the instant appeals stand allowed.

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAVNEET KAUR HARBHAJANSING KUNDLES @ NAVNEET KAUR RAVI RANA — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : J.K. Maheshwari…

Election Laws

Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Section 7(1) – Selection Committee – The Court analyzes the 2023 Act in light of the Constitution and previous judgments, particularly focusing on the principle of proportionality and the power of judicial review – The Court declines to grant a stay, citing the importance of maintaining the election schedule and the assumption that constitutional post holders will adhere to their roles in accordance with the Constitution – The observations are tentative as the matter is sub-judice. ORDE

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. JAYA THAKUR AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ.…

Election Laws

Court reasons that transfers are an administrative matter and judicial intervention is limited to cases of statutory violation or proven malafide intent – The Court analyzes precedents stating that transfers should not be interfered with unless they are prejudicial to public interest or violate norms – The Court concludes by setting aside the Division Bench’s judgment, reinstating the Single Judge’s order, and dismissing the writ petition.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI PUBI LOMBI Vs. THE STATE OF ARUNACHAL PRADESH AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sanjay Karol, JJ. ) Civil…

Constitution Election Laws

Chandigarh Mayor Election: Supreme Court quashed the election result and declared the appellant as the validly elected candidate for the post of Mayor – It also issued a notice to the presiding officer to show cause why criminal proceedings should not be initiated against him under Section 340 of the Code of Criminal Procedure 1973.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH KULDEEP KUMAR — Appellant Vs. — Respondent U.T. CHANDIGARH AND OTHERS ( Before : Dr. Dhananjaya Y Chandrachud, CJI., J B Pardiwala and Manoj…

Election Laws

Representation of the People Act, 1951 – Sections 80, 81, 83, 84, 100, 101 and 123 – Corrupt practice – Use of picture of Lord Ayyappa in voting slips – Maintainability of election petition – Non-compliance with the requirements of Section 83 of the Act of 1951 is not fatal, as Section 86(1) thereof only speaks of non-compliance with Sections 81, 82 or 117 being the basis for dismissal of an election petition at the outset

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. BABU — Appellant Vs. M. SWARAJ AND OTHERS — Respondent ( Before : Aniruddha Bose and Sanjay Kumar, JJ. ) Civil Appeal No.…

Election Laws

Disqualification of Candidate as a Member of Panchayat – Candidate stood automatically disqualified as a Member since he failed to produce the Validity Certificate within 12 months from the date of his election – The protective umbrella of Section 3 of the Temporary Extension Act, 2023 will not be available to candidate since he is hit by Section 3(2)(b), for the reason that there was no valid application pending on the date of the commencement of the said Act.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUDHIR VILAS KALEL AND OTHERS — Appellant Vs. BAPU RAJARAM KALEL AND OTHERS — Respondent ( Before : Vikram Nath and K.V. Viswanathan, JJ.…

Election Laws

Representation of the People Act, 1951 – Sections 33, 36(2)(b) and 100(1)(d)(i) – Election – Rejection of nomination – Appeal – Non-disclosure of properties belonging to deceased husband former Arunachal Pradesh Chief Minister (CM) who had three wives – Appellant was not the legal heir to properties and that only the first wife who would succeed to the properties of the husband if the deceased at the time of death had more than one wife and as such the appellant had no claim whatsoever over the said properties – Legal heir certificate issued in favour of the first wife – Therefore, neither as on the date of the death of the spouse nor on the date of filing the nomination for the election at the first instance in the year 2016 or at the point when the nomination was filed on 22.03.2019, the property left behind by the deceased was claimed by the appellant – Rejection of nomination set aside – Appeal allowed.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DASANGLU PUL — Appellant Vs. LUPALUM KRI — Respondent ( Before : A.S. Bopanna and Pamidighantam Sri Narasimha, JJ. ) Civil Appeal No. 3710…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw

Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw

Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw

Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw

Category: Election Laws

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