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march 1970

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.

D. P. MISHRA vs KAMAL NARAYAN SHARMA AND ANR. · Niyam