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april 1996

Supreme Court of India · 1996-04-16

ABHIRAM SINGH vs C.D. COMMACHEN (DEAD) BY LRS.

Citation / case number
SC 1992/60441
Court
Supreme Court of India
Petitioner
ABHIRAM SINGH
Respondent
C.D. COMMACHEN (DEAD) BY LRS.
Author
K.Ramaswamy
Bench
T.S. THAKUR,MADAN B. LOKUR,S.A. BOBDE

Judgment text excerpt

The Supreme Court referred the appeal under Section 116B of the Representation of the People Act, 1951 to a Constitution Bench, highlighting the need to address significant questions regarding election conduct and the implications of community-based campaigning. The Bombay High Court's findings indicated that the election campaign involved appeals based on religion, potentially inciting enmity between communities, which raises serious legal concerns under Sections 123(3) and 123(3A) of the Act. The Court emphasized the necessity of compliance with procedural requirements under Section 99 before declaring election results.

ABHIRAM SINGH vs C.D. COMMACHEN (DEAD) BY LRS. · Niyam