MOHD. YUNUS SALEEM versus SHIV KUMAR SHASTRI AND OTHERS

MOHD. YUNUS SALEEM versus SHIV KUMAR SHASTRI AND OTHERS

The Election Commission had jurisdiction to alter the poll date for remaining constituencies under s. 30 of the Representation of the People Act read with s. 21 of the General Clauses Act. Bribery to induce withdrawal after the statutory withdrawal date can amount to a corrupt practice, but in this case, strict proof was not established. Oral evidence led by appellant did not prove corrupt practices; High Court's dismissal of the election petition was correct.

Parties
Appellant: Mohd. Yunus Saleem; Respondent No. 1: Shiv Kumar Shastri; Respondent No. 2: Pooran Singh Malan
Jurisdiction
India
Judgment Date
25 March 1974
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Representation of the People Act, Corrupt Practices, Jurisdiction of Election Commission, Appreciation of Evidence
Election Law Representation of the People Act Corrupt Practices Jurisdiction of Election Commission Appreciation of Evidence

Case Brief

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Parties

Mohd. Yunus Saleem

Appellant

Shiv Kumar Shastri

Respondent No. 1

Pooran Singh Malan

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Election Commission had jurisdiction to alter the poll date after communal disturbances
  2. 2 Whether bribery or inducements to withdraw candidacy after withdrawal deadline amount to corrupt practice under s. 123(1)(A)(a) of the Representation of the People Act
  3. 3 Whether speeches and appeals made by the respondent or his agents amounted to corrupt practices

Ratio Decidendi

The Election Commission had jurisdiction to alter the poll date for remaining constituencies under s. 30 of the Representation of the People Act read with s. 21 of the General Clauses Act. Bribery to induce withdrawal after the statutory withdrawal date can amount to a corrupt practice, but in this case, strict proof was not established. Oral evidence led by appellant did not prove corrupt practices; High Court's dismissal of the election petition was correct.

Court Disposition

appeal dismissed

Orders

  • Appeal fails and is dismissed with costs.