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    <title>1993 (11) TMI 243 - Supreme Court</title>
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    <description>Under Section 123(4) of the Representation of the People Act, 1951, a corrupt practice is made out only where there is a false statement of existing fact, relating to a candidate&#039;s personal character or conduct, made without belief in its truth and reasonably calculated to prejudice electoral prospects. Applying that test, the Court treated the allegation that a candidate paid money to secure another candidate&#039;s withdrawal as a proved false statement warranting voiding of the election, while other criticisms were held to be political comment or vague assertions outside the statute. It also held that expressions of opinion and political exhortation did not justify naming the rival candidate, and that a declaration of being duly elected requires independent proof under Section 101(b).</description>
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    <pubDate>Fri, 19 Nov 1993 00:00:00 +0530</pubDate>
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      <title>1993 (11) TMI 243 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=196691</link>
      <description>Under Section 123(4) of the Representation of the People Act, 1951, a corrupt practice is made out only where there is a false statement of existing fact, relating to a candidate&#039;s personal character or conduct, made without belief in its truth and reasonably calculated to prejudice electoral prospects. Applying that test, the Court treated the allegation that a candidate paid money to secure another candidate&#039;s withdrawal as a proved false statement warranting voiding of the election, while other criticisms were held to be political comment or vague assertions outside the statute. It also held that expressions of opinion and political exhortation did not justify naming the rival candidate, and that a declaration of being duly elected requires independent proof under Section 101(b).</description>
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      <pubDate>Fri, 19 Nov 1993 00:00:00 +0530</pubDate>
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