Supreme Court · 1974 INSC 276 · Decided 20 December 1974

Abdul Hussain Mir v. Shamsul Huda & ANR.

Court
Supreme Court of India
Citation
1974 INSC 276 · [1975] 3 S.C.R. 106
Case number
CIVIL APPEAL No. 915/1973
Decided
20 December 1974
Bench
A. ALAGIRISWAMI, V.R. KRISHNA IYER, R.S. SARKARIA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Representation of the People Act

Headnote

Representation of the People Act {43 of 1951) Ss. 83, 123(1)(2) and (3) ·· Scope of. The appellant is a Muslim, whose mother· was a tribal Hindu who was converted to Islam on the eve of her marriage to a Muslim. In the efoction to the Assam Legislative Assembly from a Hindu by pemwion, plainsmen Hindus and nearly 80% Muslims, the appellant was declared elected. The respondent filed an election petition challenging the election inter a/ia on three grounds : (I) that the appellant offered Rs. 2,000/· to P.W. 12 a Mu1la to collect votes for him, and though

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