SMT. PRAMILA NESARGI versus C.K. JAFFER SHARIEF AND ORS.

SMT. PRAMILA NESARGI versus C.K. JAFFER SHARIEF AND ORS.

Mass feeding of electors constitutes a corrupt practice if arranged to induce votes, but in this case, appellants failed to provide sufficient evidence and particularized pleadings to establish such corrupt practice or excessive expenditure. Expenditure shown to have been incurred by party, and technical irregularities in ballot paper numbering did not materially affect the result. Burden on election petitioner was not discharged; therefore, appeals dismissed.

Parties
Appellant: C. Narayanaswamy; Appellant: Smt. Pramila Nesargi; Respondent: C.K. Jaffar Sharief; Respondent: Respondent No. 2; Respondent: Respondent No. 3; Respondent: Respondent Nos. 15 and 19
Jurisdiction
India
Judgment Date
09 August 1994
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment on Election Petition
Outcome
Appeals dismissed.
Legal Topics
Corrupt Practice, Bribery, Election Expenditure, Representation of the People Act, 1951, Pleadings in Election Petition, Void Election, Mass Feeding of Electors, Printing and Use of Ballot Papers
Election Law Corrupt Practice Bribery Election Expenditure Representation of the People Act, 1951 Pleadings in Election Petition Void Election Mass Feeding of Electors +1 more

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Parties

C. Narayanaswamy

Appellant

Smt. Pramila Nesargi

Appellant

C.K. Jaffar Sharief

Respondent

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Respondent Nos. 15 and 19

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment on Election Petition

Legal Issues

  1. 1 Whether mass feeding of electors during election constitutes a corrupt practice under Section 123(1)(A)(b) of the Representation of the People Act, 1951.
  2. 2 Whether proof of negotiation between candidate (or agent) and electors is necessary to establish inducement to voters.
  3. 3 Whether pleadings in an election petition must set out full particulars of the alleged corrupt practice per Section 83(1) of the Act.

Ratio Decidendi

Mass feeding of electors constitutes a corrupt practice if arranged to induce votes, but in this case, appellants failed to provide sufficient evidence and particularized pleadings to establish such corrupt practice or excessive expenditure. Expenditure shown to have been incurred by party, and technical irregularities in ballot paper numbering did not materially affect the result. Burden on election petitioner was not discharged; therefore, appeals dismissed.

Court Disposition

Appeals dismissed.

Orders

  • No order as to costs.