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march 1976

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.

KANHAIYALAL vs MANNALAL & OTHERS · Niyam