Supreme Court · 2010 INSC 81 · Decided 5 February 2010
Tukaram S. Dighole v. Manikrao Shivaji Kokate
- Court
- Supreme Court of India
- Citation
- 2010 INSC 81 · [2010] 2 S.C.R. 396
- Case number
- CIVIL APPEAL No. 2928/2008
- Decided
- 5 February 2010
- Bench
- D.K. JAIN, P. SATHASIVAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 74, 3, 7; Representation of the People Act Section 101(b), 101(d)(ii), 101(d)(iv)
Headnote
Election Laws: c . R(]presentation of the People Act, 1951: ss.101(b), 101(d)(ii), 101(d)(iv) and 123(3) - Lok Sabha Elections ..:.:. Corrupt practice - Proof - Election of returned candidate challenged on the ground of communal· appeal· to electorate· - VHS cassette stated to A charge of corrupt practice envisaged by the Act is equated with a criminal charge and, therefore, standard of proof therefor is proof beyond reasonable doubt as in a criminal case - A heavy onus' lies on election petitioner to prove the· charge of corrupt practice E in the same way as a
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