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november 2003

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.

Mercykutty Amma vs Kadavoor Sivadasan & Anr · Niyam