Supreme Court of India

L.R. Shivaramagowda Etc. v. T.M. Chandrashekar (d) by Lrs. and Ors.

Neutral citation

Reported as [1998] SUPP. 3 S.C.R. 241

Bench Dr. A.S. Anand, B.N. Kirpal and M. Srinivasan JJ.

Decided 1 December 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

12 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons aforesaid I hold that the petitioner has G proved that true and correct account or expenditure incurred or authorised was not maintained by respondent-I which amounts to corrupt practice and for that reason his election deserves to be voided.

Judgment, page 12

From the headnote

Representation of the People Act, 1951. Ss. 77(1) and (2), 110(1), 123(6)-Legislative Assembly Election Corrupt practice-Election petition-Pleadings- "Material facts" and "Material particulars"-Dijference between-Absence of material facts in petition-Effect of-Election of returned candidate challenged for non-filing of correct and true accounts of election expenses-No a/legation of incurring expenses over and above prescribed limit-Held, essential requirement under S.123(6) is that result of election insofar as it concerns the returned candidate has been materially affected-Failure on part

Authorities it was built on

1969 Samant N. Balakrishna Etc. v. George Fernandez and Ors. Etc. cited by 49
1991 F.A. Sapa Etc. Etc. v. Singora and Ors. Etc. cited by 27
1995 Gajanan Krishnaji Bapat and Another v. Dattaji Raghobaji Meghe and Others cited by 16
1972 Virendra Kumar Saklecha v. Jagjiwan and Ors. cited by 13

Where later benches applied it

2014 Ashok Shankarrao Chavan v. Dr. Madhavrao Kinhalkar & Ors. relied on
2012 Mangani Lal Mandal v. Bishnu Deo Bhandari relied on
2024 Karikho Kri v. Nuney Tayang and Another referred to
2018 Madiraju Venkata Ramana Raju v. Peddireddigari Ramachandra Reddy & Ors. referred to
2023 Senthibalaji V v. A.P. Geetha and Ors mentioned
2023 Kanimozhi Karunanidhi v. A. Santhana Kumar & Ors mentioned
2017 Kameng Dolo v. Atumwelly mentioned
2013 Smt. Neena Vikram Verma v. Balmukund Singh Gautam & Ors. mentioned
2005 Harkirat Singh v. Amarinder Singh mentioned
2000 V.narayanaswamy v. C.P. Thirunavukkarasu mentioned
1999 D.ramachandran v. R.V. Janakiraman and Ors. mentioned
1999 H.D. Revanna v. G. Puttaswamy and Ors. mentioned

Of those, 2 relied on · 2 referred to · 8 mentioned

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