Law: Representation of the People Act, 1976

Section: 3.3(5), 38(4) & 67(3)

(a) Representation of the Peoples Act (LXXXV of 1976)--- Ss. 3.3(5), 38(4) & 67(3)-Representation of the Peoples (Conduct of Election) Rules, 1977, Rr. 7, 11(3), 17 & 23-Marking of ballot paper - Manner of - True import, effect and interpretation of Ss. 33(5) & 38(4) of Representation of the Peoples Act, 1976 and Rr. 17 & 23 of Representation of the Peoples (Conduct of Election) Rules, 1977-Provisions of S. 33(5) of .Act and of R. 17 being man­datory, only substantial compliance was required-Such provisions laying down manner of casting the vote relating to an election on basis of adult franchise where most of voters would be from rural background, strict technical compliance mark, would not be in consonance with intention of legislature-Provisions of S. 38(4) (c) of Act clearly lay down an exhaustive list of grounds upon which a ballot paper could be rejected and, therefore, non-compliance with the procedure for marking the ballot paper by itself, held, could not ipso facto furnish a ground for rejecting a ballot paper as invalid.The main question on which the decision of these appeals turns was the true import and effect of subsection (5) of section 33 and subsection (4) of section 38 of the Representation of the Peoples Act, 1976, as well as rules 17 and 23 of the Representation of the Peoples (Conduct of Election) Rules, 1977. This question had arisen in the factual background of a number of ballot papers on which the prescribed mark to* indicate the candidate in whose favour the vote was cast, was placed outside the place containing the name and symbol of the contesting candidate for whom the voter was supposed to have voted.The question of validity of the votes included in the count of the successful candidates in the two constituencies had arisen in the peculiar way in which the ballot-paper in each of the election was formulated and printed. According to rule 11(3) of the Representation of the Peoples (Conduct of Election) Rules, the names of the contesting candidates shall be arranged on the ballot paper in the same order as shown in the list of contesting candidates prepared under rule 7. In the two elections with which the Court was…