ELECTION PETITION AGAINST A SUCCESS GAINED CANDIDATE BY UNSUCCESSFUL CANDIDATE
If a candidate who has lost the public election and challenged the election by filling a election petition
against the candidate who has gained success in that public election on
the ground of corrupt practice then burden of proof lie upon his
shoulder and he should take extra care and leave no room for doubt while
making such type allegation as Hon'ble Supreme Court of India has
held in the case of C. P. John Versus Babu M. Palissery reported in A.W.C. 2015(1) page 940.
Hon'ble Apex Court considered and examine the provision of section 123 (1), 123 (4), 83 (1) and 86 of Representation of the People Act 1951 and held that unless
and until election petitioner comes forwarded with the definite pea of
his case that allegation of corrupt practice is supported by legally
acceptable material evidence without iota of doubt as to such
allegation- Election petition can not be entertained and will have to
rejected at threshold.
In the filing of an election petition challenging the
successful election of a candidate, the election petitioner should take
extra care and leave no room for doubt while making any allegation of
corrupt practice indulged in by the successful candidate and that he
cannot be letter on heard to state that allegations were generally
spoken to or discussed sporadically and that basis election petition
came to filed as according to view of Hon'ble court since a successful
candidate in an election has got the support of the majority of the
voters who cast their votes in his favour, so a unsuccessful candidate
cannot be allowed to call a successful candidate in question by making
frivolous or baseless allegations and thereby unnecessarily drag him in
to the court proceedings and make waste of his precious time, which time
should be spent in welfare of public of his constituency.
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