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december 1995

Supreme Court of India · 1995-12-11

MORESHWAR SAVE vs DWARKADAS YASHWANTRAO PATHRIKAR

Citation / case number
SC 1992/87136
Court
Supreme Court of India
Petitioner
MORESHWAR SAVE
Respondent
DWARKADAS YASHWANTRAO PATHRIKAR
Author
S. VERMA
Bench
JAGDISH SARAN VERMA

Judgment text excerpt

The Supreme Court, in this appeal under Section 116A of the Representation of the People Act, 1951, upheld the Bombay High Court's decision to set aside the election of Moreshwar Save on grounds of corrupt practices as defined under Sections 123(3) and 123(3A) of the R.P. Act. The Court found that the election petition sufficiently pleaded corrupt practices based on speeches made by Manohar Joshi and Bal Thackeray, while dismissing the allegations related to Chhagan Bhujbal due to lack of evidence. The judgment reinforces the principle that appeals for votes based on religion constitute corrupt practices under the R.P. Act, thereby affirming the High Court's ruling.

MORESHWAR SAVE vs DWARKADAS YASHWANTRAO PATHRIKAR · Niyam