Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act Conduct of Election Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Election Laws :Representation of the People Act, 1951-Section 123(4)-Commission of corrupt practice under-Allegation of-Requirement of making a statement to the effect that the publication was made by the returned candidate or his election agent or by any other person with the consent of the candidate or his election agent or any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of the candidate-In the present case, the election petition silent regarding any such averment-Effect of-Held, the requirement of making such a statement is mandatory under Section 123(4) and in the absence of any such statement, the charge could not be put to trial.Sections 83, 123(1)-Conduct of Election Rules-Form 25-Mandatory requirement that the election petition levelling a charge of corrupt practice be supported by an affidavit in the prescribed form in which the election petitioner is obliged to disclose his source of information in respect of the commission of that corrupt practice-Held, in the absence of proper affidavit in the prescribed form filed in support of the corrupt practice alleged, the allegation pertaining thereto could not be put to trial, the defect being of a fatal nature. |
Judge | N/A |
Neutral Citation | 2000 INSC 452 |
Petitioner | Ravinder Singh |
Respondent | Janmeja Singh And Ors. |
SCR | [2000] Supp. (3) S.C.R. 331 |
Judgement Date | 2000-09-19 |
Case Number | 865 |
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