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february 1969

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.

SAMANT N. BALAKRISHNA ETC. vs GEORGE FERNANDEZ AND ORS. ETC. · Niyam