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february 1960

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.

SHRI BALWAN SINGH vs SHRI LAKSHMI NARAIN & OTHERS · Niyam