Exclusion of Votes

Constitution Bench in Konappa Rudrappa Nadgouda v. Viswanath Reddy, AIR 1969 SC 604 cautioned, the rule for exclusion of votes, secured by corrupt practices by the returned candidate, in the computation of the total votes and the consequential declaration of the candidate who secured the next highest number of votes as duly elected, can be applied only when there are just two candidates at an election.

In D.K. Sharma v. Ram Sharan Yadav, (1993) Supp. (2) SCC 117 this Court followed the dictum in Rudrappa to the effect, where there are more than two candidates in the field, it is not possible to apply the same ratio as could be applied when there are only two candidates. This principle was also reiterated in Prakash Khandre v. Dr. Vijay Kumar Khandre, (2002) 5 SCC 568.

Hon’ble Justice V. Ramasubramanian, Muniraju Gowda P.M. v. Munirathna, [SLP (Civil) Nos. 6787-6788 of 2020].