SHRI BALWAN SINGH versus SHRI LAKSHMI NARAIN & OTHERS

SHRI BALWAN SINGH versus SHRI LAKSHMI NARAIN & OTHERS

An election petition is not liable to dismissal merely for lack of particulars regarding the contract of hiring of vehicle under s.123(5), as long as particulars about conveyance of electors in hired vehicles are provided; absence of such contract details does not prejudice the defence nor mandate dismissal.

Parties
Appellant: Shri Balwan Singh; Respondent: Shri Lakshmi Narain
Jurisdiction
India
Judgment Date
23 February 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Allahabad High Court
Outcome
appeal dismissed
Legal Topics
Corrupt Practices, Pleadings and Particulars, Representation of the People Act, 1951
Election Law Corrupt Practices Pleadings and Particulars Representation of the People Act, 1951

Case Brief

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Parties

Shri Balwan Singh

Appellant

Shri Lakshmi Narain

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Allahabad High Court

Legal Issues

  1. 1 Whether failure to provide particulars of contract of hiring in an election petition renders the petition liable to dismissal
  2. 2 Nature of corrupt practice under s.123(5) of the Representation of the People Act, 1951

Ratio Decidendi

An election petition is not liable to dismissal merely for lack of particulars regarding the contract of hiring of vehicle under s.123(5), as long as particulars about conveyance of electors in hired vehicles are provided; absence of such contract details does not prejudice the defence nor mandate dismissal.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • Election of appellant declared void.