GURUJI SHRIHAR BALIRAM JIVATODE versus VITHALRAO & ORS.

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

  1. 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