ABHIRAM SINGH versus C.D. COMMACHEN AND ORS.

ABHIRAM SINGH versus C.D. COMMACHEN AND ORS.

The conflict between requirements in the content and scope of notice under Section 99(1) Representation of People Act, and the question whether consent to speeches by collaborators should be inferred or proved, requires authoritative decision; matter referred to Constitution Bench.

Parties
Appellant: Abhiram Singh; Respondent: C.D. Commachen and Ors.
Jurisdiction
India
Judgment Date
16 April 1996
Procedural Posture
Civil Appeal / Reference to Constitution Bench
Outcome
Matter referred to Constitution Bench for authoritative decision.
Legal Topics
Corrupt Practices, Representation of People Act, Consent in Election Petitions, Show Cause Notice, Interpretation of Statutes
Election Law Corrupt Practices Representation of People Act Consent in Election Petitions Show Cause Notice Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Abhiram Singh

Appellant

C.D. Commachen and Ors.

Respondent

Procedural Posture

Civil Appeal / Reference to Constitution Bench

Legal Issues

  1. 1 Content and scope of show cause notice under Section 99(1) Representation of People Act, 1951
  2. 2 Requirement of proof or inference of consent by returned candidate regarding corrupt practices
  3. 3 Content and scope of corrupt practice under Sections 123(3) and (3A) of Representation of People Act

Ratio Decidendi

The conflict between requirements in the content and scope of notice under Section 99(1) Representation of People Act, and the question whether consent to speeches by collaborators should be inferred or proved, requires authoritative decision; matter referred to Constitution Bench.

Court Disposition

Matter referred to Constitution Bench for authoritative decision.

Orders

  • Registry directed to place case before Chief Justice for constitution of a larger Bench of five Judges at an early date.