Supreme Court · 1992 INSC 353 · Decided 18 December 1992
J. Chandrasekhara Rao v. V. Jagapathi Rao and Nine Others
- Court
- Supreme Court of India
- Citation
- 1992 INSC 353 · [1992] SUPP. 3 S.C.R. 786
- Case number
- CIVIL APPEAL No. 4115/1991
- Decided
- 18 December 1992
- Bench
- A.M. AHMADI, M.M. PUNCHHI, YOGESHWAR DAYAL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution; Representation of the People Act Section 100(J)(C)
Headnote
Election Law : Representation of the People Act, 1951-Section 100 (J)(C), JOO(l)(d)(i), JOO(J)(d)(iv)-Election Petition-Court to decide on C Positive and Affinnative evidence-Not on speculation and suspicion-f'osi· tive and reliable evidence-Burden of proof on petitioner-Courts not to set votes-Demonstrated pattern-Consideration of. The petitioner and Respondents 1 to 9 contested for an Assembly D seat. Respondent No. 1 won the election by securing 37248 votes whereas the petitioner secured 36821 votes and Respondent No. 2 secured 9569 votes. The petitioner filed a Election
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