Case Note & Summary
The dispute arose from an election petition challenging the election of the appellant to the Andhra Pradesh Legislative Assembly, alleging corrupt practices under Section 123(3) of the Representation of the People Act, 1951. The respondent contended that the appellant used a religious symbol, specifically a poster depicting N.T. Rama Rao in the guise of Lord Krishna, to influence voters. The High Court found the election void based on this allegation. The Supreme Court, however, examined the evidence and determined that while the poster was indeed a religious symbol, there was no proof that the appellant or his agents were responsible for its distribution. The court emphasized the rigorous standard of proof required in election petitions, which was not satisfied in this case. Consequently, the appeal was allowed, and the election petition was dismissed, with costs awarded to the appellant. The court's decision underscored the necessity of establishing a direct link between the candidate and the alleged corrupt practice for a successful election challenge.
Headnote
A) Election Law - Corrupt Practice - Use of Religious Symbols - Standard of Proof - Representation of the People Act, 1951, Section 123(3) - The court held that the use of a religious symbol in the election campaign was established, but there was no evidence that the successful candidate was responsible for its use. The rigorous standard of proof required in election petitions was not met, leading to the dismissal of the election petition (Paras 350-352).
Issue of Consideration
Whether the use of a religious symbol in the election amounted to corrupt practice under Section 123(3) of the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeal, dismissed the election petition, and awarded costs of Rs. 10,000 to the appellant.
Law Points
- Corrupt practice
- religious symbols
- election petition
- standard of proof
- Representation of the People Act
- 1951
