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 Dismissed |
Headnote | Representation of the people Act 1951, Ss.100(1)(b) r/w 123(3)(3A)- Election-corrupt practice-Appeal to voters on ground of religion-Returned candidate a Hindu invoking support for the Hindus and Hindu religion in a religious gathering of Hindus during election campaign-Candidate stating that for protection of Hindutva it was necessary to give vote to the Shiv Sena-Held, the speech was an appeal to voters on the ground of religion and amounted to corrupt practice. Election Law-Proof of corrupt practice-Direct evidence of sub-inspector of police who attended meeting where speech made by candidate amounting to corrupt practice-Candidate not offering himself for cross-examination-Held, adverse inference would follow since the best person to deny the assertion was the candidate himself. Representation of the People Act 1951, Ss.81 (3) r/w s.86(1)-Nonsupply of document annexed to election petition contents of which expressly pleaded in the petition-Held, does not amount to non-compliance with s.81(3) resulting in dismissal of election petition. Representation of the People Act 1951, S.81(1) r/w General Clauses F Act, s.10-Last date of presentation falling on a holiday-Petition filed on day of reopening of Court-Held, not time barred. Appellant, a Hindu and a candidate of the Shiv Sena was declared duly elected from the 48 Nehru Nagar constituency to the Maharashtra Legislative Assembly. The respondent challenged the election inter alia on the ground that at a gathering of Hindus at temple where a religious ceremony was in progress, the appellant made inciting speeches based on religion and exhorted voters to vote for Shiv Sena for the protection of Hindutva. The respondent examined a police sub-inspector, who was present at the meeting and maintained a diary as a witness. The appellant did not offer himself for cross-examination. The High Court set aside the appellant's election on the ground that he had committed a corrupt practice as defined under s.123(3) and (3A) of the Representation of the People Act, 1951 ('Act'). Before this Court the appellant contended that the election petition was time barred; the non-supply of legible copies of the photographs annexed to the petition amounted to non-compliance with s.81(3) of the Act warranting dismissal of the petition; the petition did not disclose material facts and full particulars and that on facts no corrupt practice was proved. Dismissing the appeal |
Judge | Honble Mr. Justice J.S. Verma |
Neutral Citation | 1995 INSC 874 |
Petitioner | Sh. Suryakant Venkatarao Mahadik |
Respondent | Smt. Saroj Sandesh Naik (bhosale) |
SCR | [1995] Supp. (6) S.C.R. 530 |
Judgement Date | 1995-12-11 |
Case Number | 2453 |
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