Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | election |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election: Representation of the People Act, 1951/Conduct of Election Rules, 1961: Sections 87, 100(1) (b) & (d), 135A/Rule 93: Corrupt practice-Booth capturing- Allegations must be specifically pleaded with material particulars-Production of documents sought-Court's discretion to examine expediency, justness and relevancy of documents in the light of clear pleadings-Need for maintaining secrecy of ballot~Suggestion to Rule making authority-To have fresh look into the mandatory language of Rule 93(1) bringing it in conformity with section 135A. Code of Civil Procedure, 1908: Order 11 Rule 14, Order 16 Rule 6: Production of documents-Election matter- Relevant considerations for ordering production- What are. The appellant was declared elected as a member of the State Assembly. The Respondent, who was the nearest unsuccessful candidate filed an Election Petition before the High Court, challenging the election of the appellant. One of the grounds alleged was that the appellant had indulged in booth capturing and rigging of booths in certain polling booths, with the connivance of police officials and election agents of the appellant. It was also alleged that the appellant and his supporters prevented the voters from exercising their franchise by threatening them; that the ballot papers were seized from the officials and were marked in favour of the appellant; and that the appellant's supporters forged the signatures/thumb impressions on the counter foil of ballot papers. The High Court framed 4 issues, the main among them being the alleged capturing and rigging of polling booths. The respondent also filed an application under Order XI Rule 14 read with Order XVI Rule 6 CPC seeking production of certain documents by the District Election Officer. The High Court allowed the petition and summoned the documents. Accordingly, the documents were produced by B the Returning Officer. The present appeal is against the said order of the High Court. On behalf of the appellants, it was contended that the respondent laid no factual foundation in the election petition with material particulars of the alleged capturing of the booths and rigging; that there were no pleadings at all and no case has been made out for opening the ballot boxes and examining the used ballots; and that the High Court did not appreciate the legal implication arising from its order. On behalf of the respondents it was contended that it would be impossible for a candidate to plead allegations with precision particularly when his election agents and the officials including the Police connived with the other candidate; that unless the election material is summoned and perused it would be difficult to substantiate such plea; and that the order challenged being an interlocutory one it could be assailed in the regular appeal, after the Election petition was decided. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1992 INSC 98 |
Petitioner | Basanagouda |
Respondent | Dr. S. B. Amarkhed And Ors. |
SCR | [1992] 2 S.C.R. 397 |
Judgement Date | 1992-03-31 |
Case Number | 1210 |
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