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march 1996

Supreme Court of India · 1996-03-26

R.PUTHUNAINAR ALHITHAN ETC. vs P.H. PANDIAN & ORS. ETC.

Citation / case number
SC 1994/77616
Court
Supreme Court of India
Petitioner
R.PUTHUNAINAR ALHITHAN ETC.
Respondent
P.H. PANDIAN & ORS. ETC.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court examined the validity of an election under the Representation of the People Act, 1951, specifically Sections 77 and 123(6). The Court held that the burden of proof lies on the election petitioner to establish corrupt practices beyond reasonable doubt, and the High Court's finding of corrupt practice due to unaccounted election expenditure was not substantiated. Consequently, the Court set aside the High Court's decision, reinstating the appellant's election as valid.

R.PUTHUNAINAR ALHITHAN ETC. vs P.H. PANDIAN & ORS. ETC. · Niyam