S.B. ADITYAN versus S. KANDASWAMI AND OTHERS

S.B. ADITYAN versus S. KANDASWAMI AND OTHERS

The acceptance of gratification by a candidate is not covered as a corrupt practice under s. 123(1), and therefore, allegations against candidates accepting rather than offering gratification do not trigger the requirement for their joinder under s. 82; the election petition is not liable to be dismissed for non-compliance.

Parties
Appellant: S. B. Adityan; Respondent: S. Kandaswami
Jurisdiction
India
Judgment Date
20 May 1958
Procedural Posture
Civil Appeal / Appeal by Certificate After High Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Corrupt Practices, Bribery, Non Joinder of Parties, Representation of the People Act
Election Law Corrupt Practices Bribery Non Joinder of Parties Representation of the People Act

Case Brief

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Parties

S. B. Adityan

Appellant

S. Kandaswami

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate After High Court Judgment

Legal Issues

  1. 1 Whether acceptance of gratification by a candidate is a corrupt practice under s. 123(1) Representation of the People Act, 1951
  2. 2 Whether non-joinder of candidates against whom gratification is alleged requires dismissal under s. 90(3) for non-compliance with s. 82

Ratio Decidendi

The acceptance of gratification by a candidate is not covered as a corrupt practice under s. 123(1), and therefore, allegations against candidates accepting rather than offering gratification do not trigger the requirement for their joinder under s. 82; the election petition is not liable to be dismissed for non-compliance.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.