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march 1974

Supreme Court of India · 1974-03-25

MOHD. YUNUS SALEEM vs SHIV KUMAR SHASTRI AND OTHERS

Citation / case number
SC 1972/60310
Court
Supreme Court of India
Petitioner
MOHD. YUNUS SALEEM
Respondent
SHIV KUMAR SHASTRI AND OTHERS
Bench
GOSWAMI, P.K.

Judgment text excerpt

The Supreme Court held that the Election Commissioner had the authority to alter the polling date from March 3 to March 9 under Section 30 of the Representation of the People Act, 1951, read with Section 21 of the General Clauses Act. The Court clarified that Sections 57 and 58 of the Act do not apply to this situation, as they pertain to specific circumstances not relevant here. Furthermore, the Court found that if the allegations of bribery to induce a candidate's withdrawal were proven, it would constitute a corrupt practice under Section 123(1)(A)(a) of the Act, thereby affirming the dismissal of the election petition by the High Court.

MOHD. YUNUS SALEEM vs SHIV KUMAR SHASTRI AND OTHERS · Niyam