KAMALNATH vs SUDESH VERMA

The Supreme Court held that for an Election Petition under Section 123(6) of the Representation of the People Act, 1951, it is essential to allege that the candidate incurred or authorized expenditure exceeding the prescribed ceiling under Section 77. The Court found that the High Court erred in not dismissing the petition as the remaining allegations, after striking out certain paragraphs, did not substantiate a claim of corrupt practice. Consequently, the appeals were allowed, and the Election Petition was dismissed for lack of material facts as required by Section 83 of the Act.