THAKUR VIRENDRA SINGH vs VIMAL KUMAR

The Supreme Court held that the absence of the impugned pamphlet with the election petition does not warrant dismissal under Section 99 of the Code of Civil Procedure, as it does not affect the merits of the case. The Court clarified that failure to provide particulars of the pamphlet is not detrimental to the petition's validity. Furthermore, the printer of the pamphlet, P.W. 24, was not deemed an accomplice under Section 123(4) of the Representation of the People Act, 1950, and his failure to send copies to the District Magistrate does not render his testimony untrustworthy. The appeal was dismissed, upholding the High Court's decision to set aside the election.