IQBAL SINGH versus S. GURDAS SINGH & ORS.

IQBAL SINGH versus S. GURDAS SINGH & ORS.

On the evidence, the appellant failed to establish the allegations regarding the invalid votes or corrupt practices. Grants for construction of Dharamshalas and the issuance of gun licences did not amount to 'gratification' giving material advantage, nor was there evidence of bargaining for votes. No corrupt practice under s.123(1) was committed.

Parties
Appellant: IQBAL SINGH; Respondent: S. GURDAS SINGH
Jurisdiction
India
Judgment Date
19 September 1975
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Corrupt Practices in Elections, Bribery, Invalid Votes, Recount Procedures
Election Law Corrupt Practices in Elections Bribery Invalid Votes Recount Procedures

Case Brief

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Parties

IQBAL SINGH

Appellant

S. GURDAS SINGH

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether respondent No. 1 is guilty of corrupt practices specified in the election petition
  2. 2 Whether 15,000 ballot-papers were invalid and wrongly counted
  3. 3 Whether grants for Dharamshalas and issuance of gun licences amounted to bribery under s.123(1) of the Representation of the People Act

Ratio Decidendi

On the evidence, the appellant failed to establish the allegations regarding the invalid votes or corrupt practices. Grants for construction of Dharamshalas and the issuance of gun licences did not amount to 'gratification' giving material advantage, nor was there evidence of bargaining for votes. No corrupt practice under s.123(1) was committed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.