ELVIN SANGMA versus PROJENGTON MOMIN & ANR.

ELVIN SANGMA versus PROJENGTON MOMIN & ANR.

Distribution of dummy ballot papers containing a symbol different from that allotted to the first respondent by the Election Commission constituted corrupt practice under section 123(4) of the Representation of the People Act, 1951 and invalidated the appellant's election, especially in a constituency with a high rate of illiteracy where such conduct could reasonably prejudice the electorate.

Parties
Appellant: Elvin Sangma; Respondent No. 1: Projengton Momin; Respondent No. 2: Unknown
Jurisdiction
India
Judgment Date
21 November 1974
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Setting Aside Appellant's Election
Outcome
Appeal dismissed; High Court decision upheld; costs to be paid by the appellant to the first respondent.
Legal Topics
Corrupt Practice Under Section 123(4) of the Representation of the People Act, 1951, Distribution of Dummy Ballot Papers With Wrong Election Symbol
Election Law Corrupt Practice Under Section 123(4) of the Representation of the People Act, 1951 Distribution of Dummy Ballot Papers With Wrong Election Symbol

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Parties

Elvin Sangma

Appellant

Projengton Momin

Respondent No. 1

Unknown

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Setting Aside Appellant's Election

Legal Issues

  1. 1 Whether the distribution of dummy ballot papers containing a symbol different from that allotted to the first respondent by the Election Commission amounts to a corrupt practice under section 123(4) of the Representation of the People Act, 1951, thereby invalidating the election

Ratio Decidendi

Distribution of dummy ballot papers containing a symbol different from that allotted to the first respondent by the Election Commission constituted corrupt practice under section 123(4) of the Representation of the People Act, 1951 and invalidated the appellant's election, especially in a constituency with a high rate of illiteracy where such conduct could reasonably prejudice the electorate.

Court Disposition

Appeal dismissed; High Court decision upheld; costs to be paid by the appellant to the first respondent.

Orders

  • The appeal is dismissed.
  • Appellant to pay costs to the first respondent.