NANGTHOMBAM IBOMCHA SINGH versus LEISANGHEM CHANDRAMANI SINGH & ORS.
The evidence did not prove that respondent No. 1 incurred election expenses in excess of the permissible limit. The Rs. 500/- paid to his party was before nomination and thus not to be included. The additional expenses alleged were not established by cogent evidence. The Court does not normally interfere with the High Court's view on oral evidence unless there is a glaring infirmity, which was not present.
- Parties
- Appellant: Nangthombam Ibomcha Singh; Respondent No. 1: Leisanghem Chandramani Singh
- Jurisdiction
- India
- Judgment Date
- 13 September 1976
- Procedural Posture
- Civil Appeal / Final Supreme Court Decision on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Representation of the People Act 1951, Election Expenses, Disqualification From Legislative Assembly
Case Brief
Summary, issues, holding and outcome
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Parties
Nangthombam Ibomcha Singh
Appellant
Leisanghem Chandramani Singh
Respondent No. 1
Procedural Posture
Civil Appeal / Final Supreme Court Decision on Appeal
Legal Issues
- 1 Whether respondent No. 1 was disqualified from seeking election as Speaker of the Assembly (office of profit)
- 2 Whether respondent No. 1 incurred election expenses in excess of the statutory maximum and omitted relevant expenses
Ratio Decidendi
The evidence did not prove that respondent No. 1 incurred election expenses in excess of the permissible limit. The Rs. 500/- paid to his party was before nomination and thus not to be included. The additional expenses alleged were not established by cogent evidence. The Court does not normally interfere with the High Court's view on oral evidence unless there is a glaring infirmity, which was not present.
Court Disposition
Appeal dismissed
Orders
- Appellant and Respondent to bear their own costs.
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