Supreme Court of India · 1969-02-12
SAMANT N. BALAKRISHNA ETC. vs GEORGE FERNANDEZ AND ORS. ETC.
- Citation / case number
- SC 1968/60125
- Court
- Supreme Court of India
- Petitioner
- SAMANT N. BALAKRISHNA ETC.
- Respondent
- GEORGE FERNANDEZ AND ORS. ETC.
- Bench
- HIDAYATULLAH, M. (CJ)
Judgment text excerpt
The Supreme Court held that under Section 81 of the Representation of the People Act, 1951, an election petition must be filed within 45 days of the election date, citing grounds under Section 100(1). The Court clarified that to establish corrupt practices under Section 123(4), the petitioner must prove the publication of false statements by the candidate or their agents that could prejudice another candidate's election prospects. The ruling emphasized the necessity of proving consent from the candidate for actions of agents other than the election agent, and the burden of proof lies with the petitioner to show that the corrupt practice materially affected the election outcome.