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december 1974

Supreme Court of India · 1974-12-20

ABDUL HUSSAIN MIR vs SHAMSUL HUDA & ANR.

Citation / case number
SC 1973/60277
Court
Supreme Court of India
Petitioner
ABDUL HUSSAIN MIR
Respondent
SHAMSUL HUDA & ANR.
Author
A. ALAGIRISWAMI
Bench
A. ALAGIRISWAMI

Judgment text excerpt

The Supreme Court addressed the election petition challenging the appellant's election under the Representation of the People Act, 1951, specifically Sections 123(1), 123(2), and 123(3). The Court held that the evidence did not substantiate the claims of corrupt practices, particularly regarding the alleged bribery and undue influence, thus overturning the High Court's decision. The Court clarified the distinction between electoral corruption and legitimate election expenses, emphasizing the need for clear evidence of inducement to vote.

ABDUL HUSSAIN MIR vs SHAMSUL HUDA & ANR. · Niyam