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january 1971

Supreme Court of India · 1971-01-22

BHANU KUMAR SHASTRI vs MOHAN LAL SUKHADIA & ORS.

Citation / case number
SC 1968/60469
Court
Supreme Court of India
Petitioner
BHANU KUMAR SHASTRI
Respondent
MOHAN LAL SUKHADIA & ORS.
Author
A.N. RAY
Bench
A.N. RAY

Judgment text excerpt

The Supreme Court held that the findings of fact against the first respondent, the Chief Minister, regarding corrupt practices under Section 123(1) of the Representation of the People Act, 1951, should be reversed due to the High Court's failure to consider crucial evidence. The Court clarified that under Section 116C, the procedure for appeals is governed by the Civil Procedure Code, allowing the respondent to support the High Court's decision on any ground. The Court concluded that amelioration of public grievances by a candidate does not constitute corrupt practice unless it is shown that public resources were misused for electoral gain.

BHANU KUMAR SHASTRI vs MOHAN LAL SUKHADIA & ORS. · Niyam