BALWAN SINGH versus PRAKASH CHAND & OTHERS

BALWAN SINGH versus PRAKASH CHAND & OTHERS

The appellant procured tractor UPG 9962 with trolly, registered in his wife's name, and used it for transporting voters to the polling station, amounting to corrupt practice under section 123(5) of the Representation of People Act, 1951. Amendment to the petition to add particulars was proper, and it was not obligatory for petitioners to examine themselves at trial if other evidence sufficed.

Parties
Appellant: Balwan Singh; Respondent: Prakash Chand
Jurisdiction
India
Judgment Date
04 February 1976
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Corrupt Practices, Election Petition, Amendment of Petition, Procurement of Vehicles
Election Law Corrupt Practices Election Petition Amendment of Petition Procurement of Vehicles

Case Brief

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Parties

Balwan Singh

Appellant

Prakash Chand

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appellate Decision

Legal Issues

  1. 1 Whether procuring a tractor and trolly by the candidate, registered in his wife's name, for free conveyance of voters to the polling station constitutes corrupt practice under section 123(5) of the Representation of People Act, 1951
  2. 2 Whether amendment of election petition after the period prescribed for its presentation is permissible
  3. 3 Whether it is obligatory for the election petitioners to examine themselves at the trial

Ratio Decidendi

The appellant procured tractor UPG 9962 with trolly, registered in his wife's name, and used it for transporting voters to the polling station, amounting to corrupt practice under section 123(5) of the Representation of People Act, 1951. Amendment to the petition to add particulars was proper, and it was not obligatory for petitioners to examine themselves at trial if other evidence sufficed.

Court Disposition

Appeal dismissed

Orders

  • Civil Appeal No. 775 of 1975 filed by Balwan Singh is dismissed with costs.
  • Civil Appeal No. 1107 of 1975 filed by Prakash Chand is dismissed as not pressed, without order as to costs.