Supreme Court of India · 1984-07-17
DHARMESH PRASAD VERMA vs FAIYAZAL AZAM
- Citation / case number
- SC 1979/62885
- Court
- Supreme Court of India
- Petitioner
- DHARMESH PRASAD VERMA
- Respondent
- FAIYAZAL AZAM
- Author
- A. VARADARAJAN
- Bench
- A. VARADARAJAN
Judgment text excerpt
The Supreme Court held that under Section 123(5) of the Representation of the People Act, 1951, to establish corrupt practice, it must be proven that a vehicle was procured for the free conveyance of voters, and that the voters used the vehicle without cost. The Court found that the appellant successfully demonstrated that the respondent's friend used a jeep to transport voters free of charge, thus constituting corrupt practice. The earlier dismissal of the election petition was overturned, and the appeal was allowed, confirming the corrupt practice under the Act.