GURUJI SHRIHAR BALIRAM JIVATODE versus VITHALRAO & ORS.
The statements made by the appellant, whether in pamphlets or meetings, constituted either permissible political criticism or expressions of opinion and were not false statements of fact relating to the personal character or conduct of the respondent; thus, they did not amount to corrupt practice under section 123(4) of the Representation of the People Act, 1951.
- Parties
- Appellant: G. S. Baliram; Respondent: Vithalrao
- Jurisdiction
- India
- Judgment Date
- 19 November 1968
- Procedural Posture
- Civil Appeal / Supreme Court Appeal From High Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Corrupt Practices Under Election Law, False Statements of Fact, Personal Character and Conduct
Case Brief
Summary, issues, holding and outcome
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Parties
G. S. Baliram
Appellant
Vithalrao
Respondent
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Legal Issues
- 1 Whether the appellant committed corrupt practice under s.123(4) of the Representation of the People Act, 1951 by publishing false statements relating to the personal character and conduct of the respondent
Ratio Decidendi
The statements made by the appellant, whether in pamphlets or meetings, constituted either permissible political criticism or expressions of opinion and were not false statements of fact relating to the personal character or conduct of the respondent; thus, they did not amount to corrupt practice under section 123(4) of the Representation of the People Act, 1951.
Court Disposition
Appeal allowed
Orders
- Election petition dismissed
- No order as to costs; parties to bear their own costs in both Supreme Court and High Court
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