THAKUR VIRENDRA SINGH versus VIMAL KUMAR

THAKUR VIRENDRA SINGH versus VIMAL KUMAR

The appellant’s election was rightly set aside as corrupt practice under Section 100(1)(b) and 123(4) of the Representation of the People Act, 1951; the distribution and printing of the leaflet containing false statements prejudicial to the election prospects of Rajendra Jain was proved to have been done by the appellant or with his agent's consent; procedural defects regarding the pamphlet's attachment or printing particulars do not invalidate the judgment.

Parties
Appellant: Thakur Virendra Singh; Respondent: Vimal Kumar Choudhury
Jurisdiction
India
Judgment Date
08 September 1976
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal dismissed with costs.
Legal Topics
Election Petition, Corrupt Practices, Publication of False Statements, Representation of the People Act
Election Law Election Petition Corrupt Practices Publication of False Statements Representation of the People Act

Case Brief

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Parties

Thakur Virendra Singh

Appellant

Vimal Kumar Choudhury

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether the election petition is liable to be dismissed for not being accompanied by the impugned pamphlet
  2. 2 Whether failure to provide particulars of printing is fatal to the petition
  3. 3 Whether the printer can be treated as an accomplice under Section 123(4) of the Representation of the People Act

Ratio Decidendi

The appellant’s election was rightly set aside as corrupt practice under Section 100(1)(b) and 123(4) of the Representation of the People Act, 1951; the distribution and printing of the leaflet containing false statements prejudicial to the election prospects of Rajendra Jain was proved to have been done by the appellant or with his agent's consent; procedural defects regarding the pamphlet's attachment or printing particulars do not invalidate the judgment.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is hereby dismissed with costs.
  • Election of the appellant set aside under Section 100(1)(b) of the Representation of the People Act, 1951.