D. VENKATA REDDY versus R SULTAN & OTHERS

D. VENKATA REDDY versus R SULTAN & OTHERS

The respondent failed to prove allegations of bribery and distribution of communal pamphlet against the appellant through credible and independent evidence; improper amendment and pleading cannot cure lack of material particulars; the High Court erred in allowing the petition and setting aside the election.

Parties
Appellant: A D Venkata Reddy; Respondent: R Sultan
Jurisdiction
India
Judgment Date
24 February 1976
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh High Court Judgment in Election Petition No. 4 of 1972
Outcome
Appeal allowed; judgment of the High Court set aside; election of A D Venkata Reddy restored
Legal Topics
Corrupt Practices Under Representation of the People Act, Amendment of Election Petition, Electoral Bribery, Communal Propaganda in Election, Pleading and Proof in Election Petitions
Election Law Corrupt Practices Under Representation of the People Act Amendment of Election Petition Electoral Bribery Communal Propaganda in Election Pleading and Proof in Election Petitions

Case Brief

Summary, issues, holding and outcome

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Parties

A D Venkata Reddy

Appellant

R Sultan

Respondent

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh High Court Judgment in Election Petition No. 4 of 1972

Legal Issues

  1. 1 Whether the appellant committed corrupt practices under sections 123(1) and 123(3A) of the Representation of the People Act, 1951
  2. 2 Whether amendment to election petition to add material particulars was permissible under section 86(5)
  3. 3 Standards of proof and approach to tainted/interested evidence in election petitions

Ratio Decidendi

The respondent failed to prove allegations of bribery and distribution of communal pamphlet against the appellant through credible and independent evidence; improper amendment and pleading cannot cure lack of material particulars; the High Court erred in allowing the petition and setting aside the election.

Court Disposition

Appeal allowed; judgment of the High Court set aside; election of A D Venkata Reddy restored

Orders

  • Order of the single Judge declaring the appellant's election void is quashed
  • Appellant entitled to costs throughout