Supreme Court of India · 1972-03-15
RAJ NARAIN vs SMT. INDIRA NEHRU GANDHI AND ANR.
- Citation / case number
- SC 1972/60390
- Court
- Supreme Court of India
- Petitioner
- RAJ NARAIN
- Respondent
- SMT. INDIRA NEHRU GANDHI AND ANR.
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that under Section 86(5) of the Representation of the People Act, 1951, while corrupt practices must be strictly proved, the pleadings in an election petition should not be subjected to strict construction. The Court clarified that if the allegations in the petition sufficiently outline the corrupt practice, the absence of specific details does not invalidate the charge. It ruled that amendments to introduce better particulars of the charge can be made even after the limitation period, provided the corrupt practice was initially alleged, thus reversing the trial court's decision to strike out issues related to corrupt practices.