BABURAO BAGAJI KAREMORE & ORS. versus GOVIND & OTHERS

BABURAO BAGAJI KAREMORE & ORS. versus GOVIND & OTHERS

The appellants failed to prove the commission of corrupt practices by credible evidence: (1) there was no proof that communal pamphlets were printed and distributed by the first respondent or his consent; (2) the accounts and election expenditure were within statutory limits, and allegations of excess/unaccounted spending were not established; (3) the allegation of false statements about the withdrawal of a candidate for bribe was not proven to be made by or with the consent of the first respondent; (4) all essential ingredients of the alleged corrupt practices were not proved beyond reasonable doubt.

Parties
Appellants: Baburao Bagaji Karemore & Ors.; First Respondent: Govind Ramji Shende; Second Respondent: Tirpude; Respondents: Respondents 3 and 4
Jurisdiction
India
Judgment Date
27 November 1973
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against High Court Judgment Dismissing the Election Petition
Outcome
Appeal dismissed except for reduction of costs awarded to first respondent; first respondent entitled only to such costs as actually incurred.
Legal Topics
Corrupt Practices, Election Expenditure, False Statements, Appeals on Caste or Community Grounds
Election Law Corrupt Practices Election Expenditure False Statements Appeals on Caste or Community Grounds

Case Brief

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Parties

Baburao Bagaji Karemore & Ors.

Appellants

Govind Ramji Shende

First Respondent

Tirpude

Second Respondent

Respondents 3 and 4

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against High Court Judgment Dismissing the Election Petition

Legal Issues

  1. 1 Whether the first respondent committed corrupt practices under s. 123(3), (4), or (6) of the Representation of the People Act, 1951
  2. 2 Whether the election expenditure exceeded statutory limits and was correctly accounted for
  3. 3 Whether false statements were made regarding the personal character or conduct of candidates

Ratio Decidendi

The appellants failed to prove the commission of corrupt practices by credible evidence: (1) there was no proof that communal pamphlets were printed and distributed by the first respondent or his consent; (2) the accounts and election expenditure were within statutory limits, and allegations of excess/unaccounted spending were not established; (3) the allegation of false statements about the withdrawal of a candidate for bribe was not proven to be made by or with the consent of the first respondent; (4) all essential ingredients of the alleged corrupt practices were not proved beyond reasonable doubt.

Court Disposition

Appeal dismissed except for reduction of costs awarded to first respondent; first respondent entitled only to such costs as actually incurred.

Orders

  • Appeal dismissed except to the extent of setting aside award of Rs. 400/- per diem as counsel's fee to first respondent.
  • First respondent to be awarded only such costs as can be proven incurred in this Court and below.