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november 1968

Supreme Court of India · 1968-11-19

GURUJI SHRIHAR BALIRAM JIVATODE vs VITHALRAO & ORS.

Citation / case number
SC 1967/178
Court
Supreme Court of India
Petitioner
GURUJI SHRIHAR BALIRAM JIVATODE
Respondent
VITHALRAO & ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that Section 123(4) of the Representation of the People Act, 1951 defines corrupt practice in elections, requiring proof of four specific ingredients: (1) a false statement made by a candidate or their agent, (2) the candidate's belief that the statement was false or not true, (3) the statement must relate to the personal character or conduct of a candidate, and (4) it must be reasonably calculated to prejudice the candidate's election prospects. The Court emphasized the importance of protecting freedom of political criticism while preventing character assassination, ultimately upholding the High Court's decision to set aside the appellant's election due to corrupt practices.

GURUJI SHRIHAR BALIRAM JIVATODE vs VITHALRAO & ORS. · Niyam