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september 1970

Supreme Court of India · 1970-09-10

MAGRAJ PATODIA vs R. K. BIRLA AND ORS.

Citation / case number
SC 1969/60137
Court
Supreme Court of India
Petitioner
MAGRAJ PATODIA
Respondent
R. K. BIRLA AND ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court dismissed the appeal challenging the election of the first respondent to the Lok Sabha, holding that the appellant failed to prove that expenditure exceeding the limit prescribed under Section 77 of the Representation of the People Act, 1951 was incurred with the respondent's consent or authority. The Court established that mere proof of excess expenditure is insufficient; the petitioner must demonstrate that it was authorized by the candidate or their election agents. The burden of proof lies with the petitioner to establish corrupt practices, which must be supported by cogent and conclusive evidence, not merely by probabilities.

MAGRAJ PATODIA vs R. K. BIRLA AND ORS. · Niyam