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march 1972

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.

RAJ NARAIN vs SMT. INDIRA NEHRU GANDHI AND ANR. · Niyam