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march 1991

Supreme Court of India · 1991-03-11

MANOHAR JOSHI ETC. vs DAMODAR TATYABA @DADASAHEB RUPWATE AND ORS.

Citation / case number
SC 1991/80317
Court
Supreme Court of India
Petitioner
MANOHAR JOSHI ETC.
Respondent
DAMODAR TATYABA @DADASAHEB RUPWATE AND ORS.
Author
P.B. SAWANT
Bench
P.B. SAWANT

Judgment text excerpt

The Supreme Court held that under Sections 99 and 123 of the Representation of the People Act, 1951, a person summoned in an election petition must be informed of the precise charges and evidence against them before any finding of corrupt practices can be recorded. The Court emphasized that the trial of such allegations is quasi-criminal in nature, requiring strict proof of all ingredients of the charge. The appeals were allowed, directing the High Court to issue proper notices to the appellants, ensuring they have the opportunity to meet the allegations made against them.

MANOHAR JOSHI ETC. vs DAMODAR TATYABA @DADASAHEB RUPWATE AND ORS. · Niyam