Law: Representation of the People Act, 1976

Section: 55(1)(b),68(1)(d),68(d),69,78(2),81(1)(a )(b)

(a) Representation of the People Act (LXXXV of 1976)--- ----Ss. 68(1)(d), 69, 78(2) & 81(1)(a)(b)---Ground for declaring a person other than returned candidate elected---Corrupt or illegal practices and undue influence during election---Proof---Evidence of witnesses, reliance upon---Scope---Appellant and the respondent contested election for a National Assembly seat in the general election, and as per results announced, the appellant was declared the returned candidate from the constituency, and the respondent stood as the runner-up---Respondent challenged the election results through an election petition, which was allowed and the election of the appellant was declared void under S. 68(d) of the Representation of the People Act, 1976, and the respondent, being the runner-up, was declared elected under S. 69 of said Act; held, that evidence of witnesses who appeared on behalf of the respondent showed that none of them even incidentally referred to any of the polling stations regarding which respondent's petition contained allegations of corrupt practices and undue influence---Certain incident of violence as alleged by two of respondent's witnesses pertained to a polling station, which was not mentioned in any part of the election petition filed by the respondent---Moreover neither the doctor who purportedly issued the injury/medical certificate for the injured witnesses was produced nor was the photographer who took photographs of the injured---Oral evidence of respondent's witnesses could not be accepted at face value, unless the same was vouched and supported by unimpeachable documentary and/or circumstantial evidence---Evidence recorded on behalf of respondent did not at all prove that the appellant indulged in any corrupt practice or resorted to any undue influence to procure his success in the election---No case was made out for declaring the appellant's election void and or declaring the respondent as elected in terms of S. 69 of the Representation of the People Act, 1976---Impugned order of Election Tribunal was set-aside accordingly. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 68(1)(d)---Ground for declaring election of returned…

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