Supreme Court · 1973 INSC 181 · Decided 28 September 1973
Laxminarayan and Another v. Returning Officer and Others
- Court
- Supreme Court of India
- Citation
- 1973 INSC 181 · [1974] 1 S.C.R. 822
- Case number
- CIVIL APPEAL No. 1014/1972
- Decided
- 28 September 1973
- Bench
- P. JAGANMOHAN REDDY, S.N. DWIVEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 159to161, 98; Representation of the People Act
Headnote
Representation of the People Act (43 of 1951). Ss. 98, 116A, 119, 123(4)Corrupt practice-Scope of review by appellate Court-'lncurred' in S· 119, meaning of-Conduct of Election Rules, 1961, r. 63-Scope of. Evidence Act ( 1 of 1872) Ss, 98 and 159 to 161-Record of speeches in shorthand and of the five candidates for election to the Lok Sabha. JD was the returned candidate .and RS polled the next highest number. of votes. After the counting of the votes, RS applied for a recount under r. 63 of the Cond.uct of Election RuL~s, 1961. In the petition he alleged that the difference in
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