SUBHASH DESAI versus SHARAD J. RAO AND ORS.

SUBHASH DESAI versus SHARAD J. RAO AND ORS.

Publishing false statements regarding personal conduct of a candidate, which are believed to be false or not believed to be true, constitutes a corrupt practice under Section 123(4) and (3A), vitiating the election. The inclusion of names in electoral roll before the last date for nominations is legal; recounting votes excluding such voters is not warranted when roll was finalized before nominations.

Parties
Appellant: Subhash Desai; Respondent: Sharad J. Rao
Jurisdiction
India
Judgment Date
31 March 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal against High Court’s order declaring election void dismissed; appeal against recounting and fresh declaration allowed.
Legal Topics
Corrupt Practices, Interpretation of Representation of the People Act, Affidavit Requirements, Electoral Roll Inclusion, Relationship Between Statute and Constitutional Rights
Election Law Constitutional Law Corrupt Practices Interpretation of Representation of the People Act Affidavit Requirements Electoral Roll Inclusion Relationship Between Statute and Constitutional Rights

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Parties

Subhash Desai

Appellant

Sharad J. Rao

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether non-compliance with Section 83(1) of the Representation of the People Act leads to dismissal of election petition under R.P. Act or Civil Procedure Code
  2. 2 Whether Sections 123(3) and 123(3A) of the Representation of the People Act conflict with Article 25 of the Constitution
  3. 3 Whether corrupt practice allegations before nomination can be considered in an election petition

Ratio Decidendi

Publishing false statements regarding personal conduct of a candidate, which are believed to be false or not believed to be true, constitutes a corrupt practice under Section 123(4) and (3A), vitiating the election. The inclusion of names in electoral roll before the last date for nominations is legal; recounting votes excluding such voters is not warranted when roll was finalized before nominations.

Court Disposition

Appeal against High Court’s order declaring election void dismissed; appeal against recounting and fresh declaration allowed.

Orders

  • Election of appellant declared void
  • No order for recounting valid votes or fresh declaration