Corrupt practice in election petitions requires precise pleadings and admissible proof; newspaper reports and recordings need proper foundation.

Election petitions alleging corrupt practice must plead precise material facts and full particulars, supported by a proper affidavit and disclosure of the source of information. Vague or shifting allegations do not satisfy the statutory standard. Newspaper reports are secondary material and cannot prove the alleged contents unless the maker or reporter is examined or the contents are otherwise proved by admissible evidence. A tape recording relied on to prove an offensive speech must also be shown to be genuine, linked to the relevant meeting, and supported by credible surrounding evidence.

---

---

Issues: Whether the election petition disclosed complete material facts and particulars of the alleged corrupt practices, and whether the evidence adduced was legally admissible, reliable and sufficient to prove corrupt practices under the Representation of the People Act, 1951.

Analysis: An election petition alleging corrupt practice must set out precise material facts and full particulars so as to disclose a complete cause of action. Vague or shifting pleadings, unsupported by a proper affidavit and lacking the source of information, do not satisfy the statutory standard. Where the allegation rests on newspaper reports, the reports are only secondary or hearsay evidence and cannot prove their own contents unless the maker or reporter is examined or the contents are otherwise proved by admissible evidence. Similarly, a tape recording relied on as proof of an offensive speech must be shown to be genuine, properly connected with the alleged meeting and supported by credible surrounding evidence. On the record, the publications, alleged speeches and the alleged connection of the candidate with the material relied on were not proved by trustworthy and admissible evidence.

Conclusion: The allegations of corrupt practice were not satisfactorily proved, and the finding setting aside the election could not be sustained.

Final Conclusion: The appeal succeeded, the High Court's declaration of the election as void was set aside, and the election petition stood dismissed.

Ratio Decidendi: In an election petition, corrupt practice must be pleaded with precision and proved by clear, cogent and admissible evidence; newspaper reports and other secondary material cannot establish the charge without proper proof of contents and connection to the returned candidate.

---