BANSILAL KOHISTANI versus RISHI KUMAR KAUSHAL

BANSILAL KOHISTANI versus RISHI KUMAR KAUSHAL

Statements in paragraphs 16, 17, and 20 of the booklet Ex. P.W. 1/II do not relate to personal character or conduct of the respondent and are either not false or proved true; thus, High Court's finding that they amount to corrupt practice under s. 132(4) cannot be sustained. Findings regarding paragraphs 7, 8, 10, 18, 19 also do not indicate corrupt practice as the allegations regarding violence are not proved false; appeal allowed and election petition dismissed.

Parties
Appellant: Bansilal Kohistani; Respondent: Rishi Kumar Kaushal
Jurisdiction
India
Judgment Date
23 March 1971
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Corrupt Practices, False Statements, Personal Character and Conduct, Jammu & Kashmir Representation of the People Act, 1957
Election Law Corrupt Practices False Statements Personal Character and Conduct Jammu & Kashmir Representation of the People Act, 1957

Case Brief

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Parties

Bansilal Kohistani

Appellant

Rishi Kumar Kaushal

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 What constitutes a corrupt practice under s. 123(4) of the Representation of the People Act, 1951 and s. 132(4) of the Jammu & Kashmir Representation of the People Act, 1957?
  2. 2 Does publication/distribution of statements relating to personal character or conduct amount to corrupt practice?
  3. 3 Are statements in the pamphlet Ex. P.W. 1/II false and related to personal character/conduct of the respondent?

Ratio Decidendi

Statements in paragraphs 16, 17, and 20 of the booklet Ex. P.W. 1/II do not relate to personal character or conduct of the respondent and are either not false or proved true; thus, High Court's finding that they amount to corrupt practice under s. 132(4) cannot be sustained. Findings regarding paragraphs 7, 8, 10, 18, 19 also do not indicate corrupt practice as the allegations regarding violence are not proved false; appeal allowed and election petition dismissed.

Court Disposition

Appeal allowed

Orders

  • High Court decision set aside
  • Election petition dismissed with costs throughout