BALDEV SINGH MANN versus SURJIT SINGH DHIMAN

BALDEV SINGH MANN versus SURJIT SINGH DHIMAN

The appellant failed to prove the basic ingredients of corrupt practices under s.123(7) of the Representation of People Act, 1951. Standard of proof required in cases of alleged corrupt practices in election law is similar to criminal cases, necessitating clear, cogent, and credible evidence, which was not adduced by the appellant. The evidence was insufficient to substantiate the charge, and the High Court had rightly dismissed the election petition.

Parties
Appellant: Baldev Singh Mann; Respondent: Surjit Singh Dhiman
Jurisdiction
India
Judgment Date
21 November 2008
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Punjab & Haryana High Court in Election Petition No. 16 of 2002
Outcome
Appeal dismissed
Legal Topics
Corrupt Practices in Elections, Burden of Proof in Election Petitions, Standard of Proof in Election Law, Assistance by Government Officers in Elections
Election Law Corrupt Practices in Elections Burden of Proof in Election Petitions Standard of Proof in Election Law Assistance by Government Officers in Elections

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Parties

Baldev Singh Mann

Appellant

Surjit Singh Dhiman

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Punjab & Haryana High Court in Election Petition No. 16 of 2002

Legal Issues

  1. 1 Whether the respondent committed corrupt practice under s.123(7) of the Representation of People Act, 1951 by obtaining or procuring assistance from gazetted officers in the service of government for the furtherance of the prospects of his election.
  2. 2 Whether the election petitioner discharged the burden of proving corrupt practice to the standard required by law.

Ratio Decidendi

The appellant failed to prove the basic ingredients of corrupt practices under s.123(7) of the Representation of People Act, 1951. Standard of proof required in cases of alleged corrupt practices in election law is similar to criminal cases, necessitating clear, cogent, and credible evidence, which was not adduced by the appellant. The evidence was insufficient to substantiate the charge, and the High Court had rightly dismissed the election petition.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed as devoid of merit.