Supreme Court of India · 2003-11-06
Mercykutty Amma vs Kadavoor Sivadasan & Anr
- Court
- Supreme Court of India
- Petitioner
- Mercykutty Amma
- Respondent
- Kadavoor Sivadasan & Anr
- Author
- S.B. Sinha
- Bench
- Chief Justice, S.B.Sinha
Judgment text excerpt
The Supreme Court, while adjudicating Civil Appeal No. 8648 of 2003 under Section 116-A of the Representation of People Act, 1951, upheld the High Court's dismissal of the election petition, stating that the allegations of corrupt practices under Section 123(3A) were not substantiated. The Court emphasized that mere publication of pamphlets or articles, even if defamatory, does not automatically constitute corrupt practices unless it can be shown that they were intended to promote enmity or hatred among voters. The appeal was dismissed, affirming the election of the respondent.