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september 1955

Supreme Court of India · 1955-09-15

S.KHADER SHERIFF vs MUNNUSWAMI GOUNDER AND OTHERS.

Citation / case number
SC 1955/153
Court
Supreme Court of India
Petitioner
S.KHADER SHERIFF
Respondent
MUNNUSWAMI GOUNDER AND OTHERS.
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision declaring the election void under Section 100(2)(b) of the Representation of the People Act, 1951, due to the appellant's failure to disclose election expenses exceeding the prescribed limit as per Section 123(7). The Court clarified that a candidate's status commences when they express their intention to contest, as per Section 79(b), and that the Tribunal's findings on election expenses are factual determinations not subject to Supreme Court review. The Court also ruled that notice under Section 99 was not necessary for disqualification under Section 140.

S.KHADER SHERIFF vs MUNNUSWAMI GOUNDER AND OTHERS. · Niyam