HARDWARI LAL versus KANWAL SINGH

HARDWARI LAL versus KANWAL SINGH

Allegations in paragraph 16 of the election petition did not amount to statements of material fact or corrupt practice, as the particulars of the assistance allegedly sought were not stated, thereby failing to furnish a cause of action under section 123(7) of the Representation of the People Act, 1951.

Parties
Appellant: Hardwari Lal; Respondent: Kanwal Singh
Jurisdiction
India
Judgment Date
07 November 1971
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment Declaring Election Void
Outcome
Appeal allowed; High Court judgment set aside; election petition dismissed.
Legal Topics
Corrupt Practices in Elections, Material Facts in Election Petitions, Dismissal for Lack of Particulars
Election Law Corrupt Practices in Elections Material Facts in Election Petitions Dismissal for Lack of Particulars

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hardwari Lal

Appellant

Kanwal Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment Declaring Election Void

Legal Issues

  1. 1 Whether the election petition was maintainable when material particulars of alleged corrupt practice under section 123(7) of the Representation of the People Act, 1951 were not supplied

Ratio Decidendi

Allegations in paragraph 16 of the election petition did not amount to statements of material fact or corrupt practice, as the particulars of the assistance allegedly sought were not stated, thereby failing to furnish a cause of action under section 123(7) of the Representation of the People Act, 1951.

Court Disposition

Appeal allowed; High Court judgment set aside; election petition dismissed.

Orders

  • The election petition stands dismissed.
  • The parties shall pay and bear their own costs in this appeal.