Supreme Court of India · 1960-02-23
SHRI BALWAN SINGH vs SHRI LAKSHMI NARAIN & OTHERS
- Citation / case number
- SC 1959/46
- Court
- Supreme Court of India
- Petitioner
- SHRI BALWAN SINGH
- Respondent
- SHRI LAKSHMI NARAIN & OTHERS
- Author
- SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 123(5) of the Representation of the People Act, 1951, the corrupt practice pertains to the act of conveying electors to and from polling stations, rather than the specifics of the contract for hiring the vehicle. The Court ruled that the absence of particulars regarding the contract did not render the election petition defective, as long as the petition provided sufficient details about the act of conveying voters. The Court emphasized that an election petition should not be dismissed outright for lack of particulars unless it causes material prejudice, which was not the case here.