JOSHBHAI CHUNIBHAI PATEL vs ANWAR BEG A. MIRZA

The Supreme Court dismissed the appeal challenging the election of the respondent under Section 123(5) of the Representation of the People Act, 1951, which requires proof of (1) hiring or procuring a vehicle, (2) by a candidate or agent, and (3) for the free conveyance of an elector. The Court found that while there was evidence of vehicle procurement and use for conveyance, there was no proof of free conveyance, placing the burden of proof on the appellant. Additionally, the Court ruled that the prayer for a general recount was not supported by the pleadings, as the issues raised had already been considered, thus affirming the High Court's decision.