NDLI: N.s. Nandiesha Reddy Vs. Kavitha Mahesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Representation of People’s Act 1951 – s. 100(1)(c) – Improper rejection of nomination paper
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Election Laws: Representation of People’s Act, 1951 – s. 100(1)(c) – Improper rejection of nomination paper – Returning officer giving false evidence before the Court – Effect of – On facts, the High Court held the election of the appellant from the Legislative Assembly constituency to be void, in terms of s. 100(1)(c), and in the course of the said order issued direction to the Registrar General of the High Court to register a complaint u/s. 193 IPC against the Returning Officer for the said election, for giving false evidence before the Court – On appeal, held: Mere reference to inconsistent statements alone not sufficient to take action unless a definite finding is given that they are irreconcilable; one is opposed to the other so as to make one of them deliberately false – Even when the Court comes to the conclusion on the aspect of intentional false evidence, still the Court has to form an opinion whether it is expedient in the interest of justice to initiate an inquiry into the offences of false evidence, having regard to the overall facts of the case – It cannot be said that the Returning Officer with an ulterior motive had declined to receive the nomination paper and to cover up his act was seeking to tender false evidence before the Court – Manner in which the Judge concluded that the returning officer was inconsistent in his statements in the course of his evidence tendered by him as prosecution witness not justified – Conclusion reached that he is to be prosecuted, without the findings being recorded regarding deliberate or intentional falsehood cannot be sustained – Hence, the direction issued to the Registrar General of the High Court cannot be sustained – Furthermore, the appellant having completed the term of the Assembly for which he was elected, the prayer is rendered infructuous.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2021 INSC 374
Petitioner	N.s. Nandiesha Reddy
Respondent	Kavitha Mahesh
SCR	[2021] 8 S.C.R. 297
Judgement Date	2021-08-03
Case Number	4821

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