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september 1968

Supreme Court of India · 1968-09-13

VIDYA SAGAR JOSHI vs SURINDER NATH GAUTAM

Citation / case number
SC 1968/60166
Court
Supreme Court of India
Petitioner
VIDYA SAGAR JOSHI
Respondent
SURINDER NATH GAUTAM
Bench
HIDAYATULLAH, M. (CJ)

Judgment text excerpt

The Supreme Court held that under Section 77(3) and Section 123(6) of the Representation of People Act, 1951, the term 'expenditure' encompasses all amounts incurred by a candidate in connection with their election, excluding refundable deposits. The Court clarified that 'incurred' implies a final liability, meaning that any amount a candidate is willing to forfeit while contesting an election must be reported as expenditure. The appellant's failure to include the deposit for the Congress ticket in his election expenses led to a contravention of the Act, resulting in the dismissal of his appeal.

VIDYA SAGAR JOSHI vs SURINDER NATH GAUTAM · Niyam