DEV KANTA BAROOAH versus GOLOK CHANDRA BARUAH & ORS.

DEV KANTA BAROOAH versus GOLOK CHANDRA BARUAH & ORS.

Statements in the impugned leaflet, even if false or exaggerated, related to the political position, reputation, or action of the respondent and did not pertain to his personal character or moral conduct. Therefore, the statements do not constitute corrupt practice under section 123(4) of the Representation of the People Act, 1951.

Parties
Appellant: Dev Kanta Barooah; Respondent: Golok Chandra Baruah; Respondent: Other Respondents (Nos. 2, 3, 4)
Jurisdiction
India
Judgment Date
12 February 1970
Procedural Posture
Civil Appeal / Judgment on Appeal Against High Court Decision Setting Aside Election Under S. 123(4) of the Representation of the People Act, 1951
Outcome
Appeal allowed; decision of High Court set aside; election petition dismissed with costs in both courts.
Legal Topics
Corrupt Practices in Elections, False Statements and Personal Character, Interpretation of S. 123(4) Representation of the People Act, 1951
Election Law Corrupt Practices in Elections False Statements and Personal Character Interpretation of S. 123(4) Representation of the People Act, 1951

Case Brief

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Parties

Dev Kanta Barooah

Appellant

Golok Chandra Baruah

Respondent

Other Respondents (Nos. 2, 3, 4)

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against High Court Decision Setting Aside Election Under S. 123(4) of the Representation of the People Act, 1951

Legal Issues

  1. 1 Whether the statements made in the leaflet constituted corrupt practice as false statements of personal character or conduct under section 123(4) of the Representation of the People Act, 1951.

Ratio Decidendi

Statements in the impugned leaflet, even if false or exaggerated, related to the political position, reputation, or action of the respondent and did not pertain to his personal character or moral conduct. Therefore, the statements do not constitute corrupt practice under section 123(4) of the Representation of the People Act, 1951.

Court Disposition

Appeal allowed; decision of High Court set aside; election petition dismissed with costs in both courts.

Orders

  • Election petition is dismissed.
  • High Court judgment set aside.