Election Laws Archives - Supreme Court of India Judgements

May 14, 2026 7:37 am

Uttar Pradesh Panchayat Raj Act, 1947 — Section 12C — Election Dispute — Candidate challenging election results — Prescribed Authority passed an order allowing the election petition and directing recounting of votes — Later, after recounting, the authority declared the appellant as the returned candidate — The High Court set aside this order — The Supreme Court held that once the Prescribed Authority passes a final order allowing the election petition, it becomes functus officio and loses jurisdiction to pass further orders — The initial order directing recounting was deemed final, not interim, as it allowed the petition and rejected the respondent’s statement, leaving no scope for further orders after recounting — The High Court was correct in quashing the subsequent proceedings and the declaration of the appellant as elected — Appeal dismissed.

May 12, 2026 sclaw

2026 INSC 471 SUPREME COURT OF INDIA DIVISION BENCH URMILA DEVI Vs. THE STATE OF UTTAR PRADESH AND OTHERS ( Before : Aravind Kumar and Prasanna B. Varale, JJ. )…

Constitution Election Laws

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.…

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Constitution

Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.

May 12, 2026 sclaw

Consumer

Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action

May 12, 2026 sclaw

Service

Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date.

May 12, 2026 sclaw

Service

Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court’s judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements.

May 12, 2026 sclaw

Category: Election Laws

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