BANWARI DASS vs SUMMER CHAND AND ORS.

The Supreme Court held that under the Delhi Municipal Corporation Act, 1957, specifically Sections 17 and 19, a returned candidate cannot plead recrimination based on the petitioner's alleged corrupt practices in an election petition. The Court clarified that there is no provision in the Corporation Act akin to Section 97 of the Representation of People Act, which would allow such a defense. Consequently, the appeal was dismissed, affirming the Election Tribunal's decision that the returned candidate's plea was not permissible.