Supreme Court · 1965 INSC 155 · Decided 17 August 1965

Kamal Narain Sharma v. Shri Pandit Dwarka Prasad Mishra and Others

Court
Supreme Court of India
Citation
1965 INSC 155 · [1966] 1 S.C.R. 478
Case number
CIVIL APPEAL No. 437/1965
Decided
17 August 1965
Bench
P.B. GAJENDRAGADKAR, K.N. WANCHOO, M. HIDAYATULLAH, J.C. SHAH, S.M. SIKRI (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CrPC Section 539; CPC; Constitution Article 226, 227; Representation of the People Act Section 83

Headnote

Conduct of Election Rules, 1961, Rule 94A-Affidavit required under-A/fuiavit sworn before clerk of Co1m appointed Commisrioner of Otlth.r under s. 139(c) of rhe Code of Civil Procedure-A/fulavit whether AJorn before proper authority under r. 94A. An election petition was filed by the appellant challengmg his election on May 4, 1 %3 to the Madhya Prad .. h Legislative Assembly. A number of allegations including those of cor­ rupt practice were made against the first respondent in the petition. The allidavit tiled in support of the allegations of corrupt practice as required by

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