NDLI: K. M. Mani Etc. Vs. P. J. Antony and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Representation of the People Act 1951
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Representation of The People Act, 1951 (43 of 1951)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Representation of the People Act 1951-Sec. 123(7) - Allegation that Police Officer addressed an election meeting for furtherance of candidate's election - Whether corrupt practice. Practice & Procedure - Election cases - Pleadings & Proof - An allegation of corrupt practice to be established beyond reasonable doubt - Addressing meeting - Allegation of corrupt practice - No documentary evidence produced - Transcript of speech or contemporaneous record of speech - If should be produced. Section 123(7) of the Representation of the People Act, 1951 provides, among others, that the obtaining or procuring by a candidate of any assistance (other than giving of vote) for the furtherance of the prospects of that candidate's election from any person in the service of the Government is a corrupt practice.The appellant in Civil Appeal No. 99 of 1978 who was declared elected to the State Assembly in the General Elections of 1977 was a Minister of the State Government at the time of election. The appellant in Civil Appeal No. 79 of 1978 was a Police Officer belonging to the Indian Police Service posted as Commissioner of Police at that time. The first respondent in both cases was an elector in the constituency. All the three were Roman Catholics. In his election petition respondent No. 1 alleged that, at the instance of the first appellant or with his knowledge and consent, the Police Officer assisted the convening of a meeting of the priests of the various parishes of the Roman Catholic Church at the Bishop's house which was presided over by the Bishop for the furtherance of the appellant's victory in the election. The Police Officer was alleged to have exhorted them to work for the appellant's victory as it was in the interest of the Church and community. The first appellant was also alleged to be at the meeting. The respondent alleged that this constituted a corrupt practice within the meaning of s. 123(7) of the Act. The High Court declared the election void. In addition it declared that the Police Officer was guilty of corrupt practice.On appeal the appellant contended (i) that the High Court was in error in holding that the appellant had committed a corrupt practice within the meaning of the section and (ii) that the election petition was not maintainable for vagueness of the pleadings in paragraph 5 of the election petition.
Judge	Hon'ble Mr. Justice P.N. Shinghal
Neutral Citation	1978 INSC 169
Petitioner	K. M. Mani Etc.
Respondent	P. J. Antony And Others
SCR	[1979] 1 S.C.R. 701
Judgement Date	1978-09-12
Case Number	99 and 79

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K. M. Mani Etc. Vs. P. J. Antony and Others

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K. M. Mani Etc. Vs. P. J. Antony and Others

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