B. P. MAURYA versus PRAKASH VIR SHASTRI & ORS.

B. P. MAURYA versus PRAKASH VIR SHASTRI & ORS.

Allegations and evidence of corrupt practices were not proved; documentary evidence disproved claims of meetings and attacks, alleged publications were not established or did not constitute corrupt practices under s. 123(3), (3A) or (4) of the Act; there was no publication with consent of the respondent constituting communal propaganda or false statements about appellant’s personal character and conduct.

Parties
Appellant: B. P. Maurya; Respondent: Prakash Vir Shastri
Jurisdiction
India
Judgment Date
14 August 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Corrupt Practices, False Statements, Communal Propaganda, Personal Character, Conduct, Section 123 Representation of the People Act
Election Law Corrupt Practices False Statements Communal Propaganda Personal Character Conduct Section 123 Representation of the People Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

B. P. Maurya

Appellant

Prakash Vir Shastri

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether respondent committed corrupt practices under s. 123(3), (3A), and (4) of Representation of the People Act, 1951
  2. 2 Whether false statements regarding the appellant’s personal character and conduct were published
  3. 3 Whether communal propaganda and prevention of voters constituted corrupt practices

Ratio Decidendi

Allegations and evidence of corrupt practices were not proved; documentary evidence disproved claims of meetings and attacks, alleged publications were not established or did not constitute corrupt practices under s. 123(3), (3A) or (4) of the Act; there was no publication with consent of the respondent constituting communal propaganda or false statements about appellant’s personal character and conduct.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed