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march 1971

Supreme Court of India · 1971-03-23

BANSILAL KOHISTANI vs RISHI KUMAR KAUSHAL

Citation / case number
SC 1970/60038
Court
Supreme Court of India
Petitioner
BANSILAL KOHISTANI
Respondent
RISHI KUMAR KAUSHAL
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that under Section 123(4) of the Representation of the People Act, a false statement must relate to the personal character of a candidate to constitute corrupt practice. The Court clarified that statements affecting public or political character do not fall under this definition, even if they may prejudice election prospects. The findings of the High Court regarding certain paragraphs were overturned as they did not pertain to the personal character of the respondent, thus ruling out corrupt practice under Section 132(4) of the Jammu & Kashmir Act.

BANSILAL KOHISTANI vs RISHI KUMAR KAUSHAL · Niyam