Monstrosity of Winnability II

The nation continues to wait, and is losing patience. A political party can always give a reason, a candidate with criminal antecedents is found to be more suitable than a person who does not have criminal antecedents. If the political party is of the prima facie opinion, a candidate has been falsely implicated, it can […]

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Deliberate Falsehood

K.T.M.S. Mohammad v. Union of India, 1992 3 SCC 178; Amarsang Nathaji v. Hardik Harshadbhai Patel, 2017 1 SCC 113. _____ The present case relates to 151 K.R. Pura Legislative Assembly Constituency. We do not see any deliberate falsehood uttered, much less is there any inconsistency. Mere reference to inconsistent statements alone is not sufficient […]

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Section 482 of The Code of Criminal Procedure, 1973 V / Supremacy of Ballot v. Authority of Police

Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315 reiterates the parameters laid down in the celebrated decision of State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Seven Principles enunciated in Paragraph 102 of Bhajan Lal [Two-­Member Bench] are actually quoted with approval in Neeharika [Three-M­ember Bench]. Paragraph […]

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Timing of Votes

The disqualification under Section 8 of The Representation of People Act, 1951 is relatable to Article 191(1)(e). Therefore, any interpretation to Section 8 should be in sync with the constitutional scheme. Once the period of disqualification starts running, the seat, hitherto held by the person disqualified, becomes vacant by virtue of Article 190(3). His name […]

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Election Petitions III

P.A. Mohammed Riyas v. M.K. Raghavan, (2012) 5 SCC 511 was overruled in G.M. Siddeshwar v. Prasanna Kumar, (2013) 4 SCC 776 on the question whether it is imperative to file an affidavit in terms of Order VI, Rule 15(4) of The Code of Civil Procedure, 1908 in support of the averments made in the […]

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Exclusion of Votes

Constitution Bench in Konappa Rudrappa Nadgouda v. Viswanath Reddy, AIR 1969 SC 604 cautioned, the rule for exclusion of votes, secured by corrupt practices by the returned candidate, in the computation of the total votes and the consequential declaration of the candidate who secured the next highest number of votes as duly elected, can be […]

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Day-Fraction

There can be no doubt, the principle which appears to have evolved over a period of time is, the law frowns upon determining a day with reference to its fractions. The principle, ‘fractions of the day’ are eschewed from consideration, is not a universal principle which knows no exceptions. Clearly the context and the purpose […]

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The Tenth Schedule

E.P. Royappa, (1974) 4 SCC 3 is clear that the burden of establishing mala fides is very heavily on the person who alleges it. Courts should not uphold a plea of mala fides on the basis of mere probabilities. _____ It is said, a Judge must not alter the material of which the Act is […]

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Monstrosity of Winnability I

“When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry” [Hon’ble Justice Dipak Misra, 05.02.2015]. In […]

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Unwitty Election Petitions

Section 83(1)(a) of The Representation of the People Act, 1951 reads as follows: “An election petition shall contain a concise statement of the material facts on which the petitioner relies.” In Ashraf Kokkur v. Abdul Khader, (2015) 1 SCC 129 it was considered, The Concise Oxford Dictionary has defined ‘concise’ as “giving a lot of […]

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Shri Pranab Mukherjee’s Election

Order XXXIX of The Supreme Court Rules, 1966 deals with Election Petitions under Part III of The Presidential and Vice-Presidential Elections Act, 1952. In Purno Agitok Sangma v. Pranab Mukherjee, (2013) 2 SCC 239 the Petitioner questioned the Election of the Respondent as the President of India under Article 71 of the Constitution read with Order […]

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