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.