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october 1963

Supreme Court of India · 1963-10-03

MOHAN SINGH vs BHANWARLAL & OTHERS.

Citation / case number
SC 1963/129
Court
Supreme Court of India
Petitioner
MOHAN SINGH
Respondent
BHANWARLAL & OTHERS.
Author
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,DAYAL, RAGHUBAR
Bench
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that the election petition was not defective as there was no allegation of corrupt practice against Himmat Singh, and the appellant's offer to assist Singh did not constitute 'gratification' under Section 123(1)(B) of the Representation of the People Act, 1951. The Court emphasized that the onus of proving corrupt practice lies with the petitioner and must be established beyond reasonable doubt, not merely on a preponderance of probabilities. The Court upheld the findings of the Election Tribunal and the High Court regarding the appellant's corrupt practices in publishing misleading leaflets, affirming the election's invalidation.

MOHAN SINGH vs BHANWARLAL & OTHERS. · Niyam