Supreme Court of India · 1970-03-13
D. P. MISHRA vs KAMAL NARAYAN SHARMA AND ANR.
- Citation / case number
- SC 1969/60125
- Court
- Supreme Court of India
- Petitioner
- D. P. MISHRA
- Respondent
- KAMAL NARAYAN SHARMA AND ANR.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court upheld the High Court's decision declaring the appellant's election void under Section 100(1)(b) of the Representation of the People Act, 1951, due to incurring expenses beyond the permissible limit as per Section 77. The Court found that the appellant was guilty of corrupt practices under Section 123(6) for failing to disclose significant election expenditure. The Court also addressed the amendment of the petition under Section 90(5), allowing the addition of particulars of corrupt practices previously alleged, and clarified the applicability of the Limitation Act in this context.