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january 2015

Supreme Court of India · 2015-01-21

Krishnamoorthy vs Sivakumar & Ors

Court
Supreme Court of India
Petitioner
Krishnamoorthy
Respondent
Sivakumar & Ors
Author
Dipak Misra
Bench
Prafulla C. Pant, Dipak Misra

Judgment text excerpt

The Supreme Court examined the concept of 'undue influence' under Section 260 of the Tamil Nadu Panchayats Act, 1994, and its relation to Section 123(2) of the Representation of People's Act, 1951. The Court held that non-disclosure of pending criminal cases against a candidate at the time of nomination constitutes undue influence, thereby impacting the validity of the election. The election of the appellant as President of Thekampatti Panchayat was challenged due to his failure to disclose such information, leading to the conclusion that his nomination was invalid.

Krishnamoorthy vs Sivakumar & Ors · Niyam