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september 1970

Supreme Court of India · 1970-09-14

SHIV KIRPAL SINGH vs SHRI V. V. GIRI

Citation / case number
SC 1969/60135
Court
Supreme Court of India
Petitioner
SHIV KIRPAL SINGH
Respondent
SHRI V. V. GIRI
Author
SIKRI, S.M.,SHELATM.,BHARGAVA, VISHISHTHA,MITTER, G.K.,VAIDYIALINGAM, C.A.
Bench
SIKRI, S.M.,SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.,VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court addressed the validity of the Presidential and Vice-Presidential Election Act, 1952, particularly focusing on whether the distribution of defamatory pamphlets constituted undue influence under Section 18 and Section 171C of the Indian Penal Code. The Court held that the election could not be challenged on grounds outside those specified in Section 18, and that the provisions of Part III of the Act did not curtail the jurisdiction of the Court under Article 71(1) of the Constitution. Additionally, the Court found that Section 21 did not suffer from excessive delegation of legislative power, and upheld the validity of the election process as per the Act.

SHIV KIRPAL SINGH vs SHRI V. V. GIRI · Niyam