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 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951 : Ss.99, 100(1)(b), 123(3) & (3-A)-Election-Corrupt practices-Appeal made to voters on the ground of religion-Speeches made by the leader of the party-Held consent of candidate to be pleaded and proved-Role of agent discussed-Implied consent presumption of-Remand of the matter-Held, uncalled for the circumstances of the case. Appellant was the candidate of the Bhartiya Janata Party and respondent was the candidate of the Janata Dal for election to the Maharashtra Legislative Assembly from Matunga Constituency, the appellant was declared duly elected having secured 31.530 votes while the respondent had secured 28,021 votes and the Congress Candidate secured 28,426 votes. Respondent filed an election petition alleging commission of corrupt practices under Sections 123(3) and 123(3A) of the Act. These corrupt practices were alleged on the basis of certain speeches made on 29.1.1990 and 24.2.1990 by leaders of the political alliance of B.J.P. and Shiv Sena which supported the candidature of the appellant. In addition, speeches of the appellant made on 8.2.1990 and 15.2.1990 were also relied on. It was alleged that these speeches amounted to appeal to the voters on the ground of Hindu religion which is the religion of the appellant. The High Court rejected the claim made in the petition. Hence this appeal. Allowing the appeal and setting aside the judgment of the High Court |
Judge | Honble Mr. Justice J.S. Verma |
Neutral Citation | 1995 INSC 873 |
Petitioner | Chandrakanta Goyal |
Respondent | Sohan Singh Jodh Singh Kohli |
SCR | [1995] Supp. (6) S.C.R. 522 |
Judgement Date | 1995-12-11 |
Case Number | 3228 |
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