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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election Laws: Representation of the People Act, 1951-Sections 2(h), 77, 83 and 123(6) Election petition-Corrupt practices-Meaning of-Amount spent exceeding the prescribed ceiling on election expenses-Expenditure so incurred must be either by the candidate/his agent/authorised person-It must be established and shown in pleading that authorisation and undertaking of reimbursement of such expenditure by the candidate/election agent. Material facts-Should disclose incurring of excess expenditure and candidate's undertaking of liability to reimburse and allegations on which Court could draw inferences of expenditure beyond the prescribed limit- Vague assertions would not constitute the material facts and election petition not maintainable-Conduct of Election Rules-Rule 90. S.83-Disclosure of sources of information of excess expenditure in the affidavit-Requirements of-On facts the averment as well as the contents of verifications and affidavit-Does not constitute infraction of the provision- Conduct of Election Rules-Rule 94-A.Appellant was declared elected from a Lok Sabha Constituency. Respondent filed an election petition challenging the election of the appellant, on the grounds of corrupt practices under Section 123(6) of the Representation of the People Act; and that appellant had incurred or authorised expenditure in contravention of Section 77 of the Act. High Court struck down certain paras of the petition by holding them unnecessary and frivoulous. As regards the alleged expenditure in excess of the ceiling limit, High Court held that the cause of action thereof has been disclosed and, therefore, petition cannot be dismissed in limine. The appellant filed review petition which was rejected. Hence this appeal. It was contended for the appellant that the assertions made in the petition did not make out an allegation of corrupt practice as per Section 123(6) of the Act; that on vague and general allegations without giving any material particulars, no triable issue existed; that in the absence of requisite facts, details and particulars of the corrupt practice with exactitude, the election petition must fail on the threshold; that in absence of more particulars on source of information in the affidavit, there has been an infraction of requirement under Section 83 of the Act and the election petition ought to have been rejected. It was contended for the respondent that the election petition contained the material facts alleging that the returned candidate had spent more than the ceiling provided for and there existed a triable issue which can only be adjudicated after evidence being led. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2002 INSC 6 |
Petitioner | Kamalnath |
Respondent | Sudesh Verma |
SCR | [2002] 1 S.C.R. 63 |
Judgement Date | 2002-01-08 |
Case Number | 4042 |
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