Supreme Court of India · 1976-03-23
KANHAIYALAL vs MANNALAL & OTHERS
- Citation / case number
- SC 1974/60286
- Court
- Supreme Court of India
- Petitioner
- KANHAIYALAL
- Respondent
- MANNALAL & OTHERS
- Bench
- GOSWAMI, P.K.
Judgment text excerpt
The Supreme Court held that under Section 123(4) of the Representation of the People Act, 1950, the allegations of corrupt practice must be established beyond reasonable doubt with independent evidence. The Court found that the High Court erred in linking the printing and distribution of a pamphlet without sufficient evidence, and that the charge of distribution was not proven. The Court emphasized that an election dispute involves the entire constituency and cannot be determined by shaky oral testimony, thereby allowing the appeal and overturning the High Court's decision.