Supreme Court of India

Tukaram S. Dighole v. Manikrao Shivaji Kokate

Neutral citation

Reported as [2010] 2 S.C.R. 396

Bench D.K. Jain and P. Sathasivam JJ.

Decided 5 February 2010

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that in the instant case the appellant has miserably failed to prove the authenticity c 'of the cassette as well as the accuracy of the speeches purportedly made by the respondent.

Judgment, page 18

From the headnote

Election Laws: c . R(]presentation of the People Act, 1951: ss.101(b), 101(d)(ii), 101(d)(iv) and 123(3) - Lok Sabha Elections ..:.:. Corrupt practice - Proof - Election of returned candidate challenged on the ground of communal· appeal· to electorate· - VHS cassette stated to have contained the speeches produced - HELD: charge of corrupt practice envisaged by the Act is equated with a criminal charge and, therefore, standard of proof therefor is proof beyond reasonable doubt as in a criminal case - heavy onus' lies on election petitioner to prove the· charge of corrupt practice in the same

Authorities it was built on

1975 Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra & Ors. cited by 19
1967 Yusufalli Esmail Nagree v. The State of Maharashtra cited by 7
2007 Amar Nath Agarwalla v. Dhillon Transport Agency cited by 3

Where later benches applied it

2019 G H P. Gopalkrishnan @ Dileep v. State of Kerala and Anr. relied on
2020 Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors. referred to
2018 Shafhi Mohammad v. The State of Himachal Pradesh referred to
2014 Ashok Shankarrao Chavan v. Dr. Madhavrao Kinhalkar & Ors. referred to

Of those, 1 relied on · 3 referred to

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