Supreme Court · 1998 INSC 447 · Decided 1 December 1998

L.R. Shivaramagowda ETC. v. T.M. Chandrashekar (D) BY LRS. and ORS.

Court
Supreme Court of India
Citation
1998 INSC 447 · [1998] SUPP. 3 S.C.R. 241
Case number
CIVIL APPEAL No. 4272/1991
Decided
1 December 1998
Bench
A.S. ANAND, B.N. KIRPAL, M. SRINIVASAN (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Representation of the People Act Section 77(1), 123(6)

Headnote

B 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 C "Material particulars"-Dijference between-Absence of material facts in petition-Effect of-Election 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 D has been materially affected-Failure on part of returned candidate to maintain accounts

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