KUMARA NAND versus BRIJMOHAN LAL SHARMA

KUMARA NAND versus BRIJMOHAN LAL SHARMA

The statement in the poem calling the respondent 'the greatest of all thieves' was a statement of fact relating to personal character; the responsibility and belief relevant under s.123(4) is that of the candidate (appellant); the onus on the respondent has been discharged, and the burden shifted to the appellant, who failed to show his belief was true or that the statement was true; thus, the appellant was guilty of corrupt practice under s.123(4) and the appeal was rightly dismissed.

Parties
Appellant: Kumara Nand; Respondent: Brijmohan Lal Sharma
Jurisdiction
India
Judgment Date
29 November 1966
Procedural Posture
Civil Appeal / Supreme Court Appeal From the Rajasthan High Court Judgment and Order Dated January 27, 1965
Outcome
Appeal dismissed.
Legal Topics
Corrupt Practices in Elections, False Statement of Fact, Onus of Proof Under S.123(4) Representation of the People Act, 1951
Election Law Corrupt Practices in Elections False Statement of Fact Onus of Proof Under S.123(4) Representation of the People Act, 1951

Case Brief

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Parties

Kumara Nand

Appellant

Brijmohan Lal Sharma

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From the Rajasthan High Court Judgment and Order Dated January 27, 1965

Legal Issues

  1. 1 Whether the statement in the poem ('greatest of all thieves') was a statement of fact or opinion under section 123(4) of the Representation of the People Act, 1951
  2. 2 Whether it is the belief of the person publishing the statement or the candidate that is relevant under section 123(4)
  3. 3 What is the onus of proof on the election petitioner under section 123(4) and when does it shift to the candidate

Ratio Decidendi

The statement in the poem calling the respondent 'the greatest of all thieves' was a statement of fact relating to personal character; the responsibility and belief relevant under s.123(4) is that of the candidate (appellant); the onus on the respondent has been discharged, and the burden shifted to the appellant, who failed to show his belief was true or that the statement was true; thus, the appellant was guilty of corrupt practice under s.123(4) and the appeal was rightly dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is hereby dismissed with costs.