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january 1978

Supreme Court of India · 1978-01-13

DADASAHEB DATTATRAYA PAWAR & ORS. vs PANDURANG RAOJI JAGTAP & ORS.

Citation / case number
SC 1977/61673
Court
Supreme Court of India
Petitioner
DADASAHEB DATTATRAYA PAWAR & ORS.
Respondent
PANDURANG RAOJI JAGTAP & ORS.
Author
JASWANT SINGH
Bench
JASWANT SINGH

Judgment text excerpt

The Supreme Court held that Section 144-1 of the Maharashtra Cooperative Societies Act, 1960, aligns with Section 123 of the Representation of the People Act, 1951, establishing that principles governing election disputes under the latter must apply. The Court emphasized that to prove corrupt practices under Section 123(5), it is essential to demonstrate that a vehicle was hired for free conveyance of voters, and strict proof is required due to the quasi-criminal nature of such proceedings. The appeals were allowed, overturning the lower court's ruling on the grounds of insufficient evidence of corrupt practices.

DADASAHEB DATTATRAYA PAWAR & ORS. vs PANDURANG RAOJI JAGTAP & ORS. · Niyam