BRIJ MOHAN versus MANGE RAM & ORS.

BRIJ MOHAN versus MANGE RAM & ORS.

The evidence presented by the respondent, specifically from P.Ws. 1, 16, 90, 91, and 92, was inconsistent with the allegations in the election petition and unreliable. No corrupt practice of bribery was proved against the appellant, and the High Court's adverse inference regarding the suspension/transfer of a witness was unjustified.

Parties
Appellant: Brij Mohan; Respondent No. 1: Mange Ram; Respondent: Ram Kishan; Respondent: Amrit Lal
Jurisdiction
India
Judgment Date
13 March 1985
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Decision Setting Aside Election
Outcome
Appeal allowed; judgment of High Court set aside; appellant's election restored
Legal Topics
Corrupt Practices, Bribery, Representation of the People Act
Election Law Corrupt Practices Bribery Representation of the People Act

Case Brief

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Parties

Brij Mohan

Appellant

Mange Ram

Respondent No. 1

Ram Kishan

Respondent

Amrit Lal

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Decision Setting Aside Election

Legal Issues

  1. 1 Whether appellant committed corrupt practice of bribery under Section 123(1) of the Representation of the People Act, 1951 by allegedly donating Rs. 5100 to a temple to induce voters

Ratio Decidendi

The evidence presented by the respondent, specifically from P.Ws. 1, 16, 90, 91, and 92, was inconsistent with the allegations in the election petition and unreliable. No corrupt practice of bribery was proved against the appellant, and the High Court's adverse inference regarding the suspension/transfer of a witness was unjustified.

Court Disposition

Appeal allowed; judgment of High Court set aside; appellant's election restored

Orders

  • Appeal allowed
  • Judgment of Single Judge setting aside the election is reversed